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SB-716 Juveniles: delinquency: postsecondary academic and career technical education.(2019-2020)

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Date Published: 10/14/2019 09:00 PM
SB716:v94#DOCUMENT

Senate Bill No. 716
CHAPTER 857

An act to add Sections 858 and 889.2 to, and to add and repeal Section 1762 of, the Welfare and Institutions Code, relating to juveniles.

[ Approved by Governor  October 12, 2019. Filed with Secretary of State  October 12, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 716, Mitchell. Juveniles: delinquency: postsecondary academic and career technical education.
Existing law, the Arnold-Kennick Juvenile Court Law, states its purpose is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court, and require minors under the jurisdiction of the juvenile court to receive care, treatment, and guidance consistent with their best interests. Existing law provides for the placement of juveniles under the jurisdiction of the juvenile court into a county juvenile hall, ranch, camp, or forestry camp. Existing law requires county boards of education to provide for the administration and operation of public schools in juvenile halls, juvenile ranches, and juvenile camps, among others, known as juvenile court schools.
This bill would require a county probation department to ensure that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile hall, ranch, camp, or forestry camp have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. By imposing new duties on county officials, the bill would impose a state-mandated local program.
The bill would authorize county probation departments, in coordination with county offices of education, to use juvenile court school classrooms and computers, in accordance with specified agreements, for the purpose of implementing the above provision. The bill would also encourage county probation departments to develop other educational partnerships with local public postsecondary campuses, as is feasible.
Existing law, the Youth Authority Act, governs the commitment of juvenile offenders to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Existing law prescribes the purpose of the Division of Juvenile Programs to provide comprehensive education, training, treatment, and rehabilitative services to youthful offenders under the jurisdiction of the department, that are designed to, among other things, produce youth who become law-abiding and productive members of society.
This bill would require the Division of Juvenile Facilities, to the extent feasible using available resources, to ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Facilities facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The bill would also encourage the division to develop other educational partnerships with local public postsecondary campuses, as is feasible.
Existing law, commencing July 1, 2020, abolishes the Division of Juvenile Justice and establishes the Department of Youth and Community Restoration. Existing law provides that any reference to the Division of Juvenile Facilities refers to the Department of Youth and Community Restoration.
This bill would, commencing July 1, 2020, delete obsolete references to the Division of Juvenile Facilities and would instead refer to the Department of Youth and Community Restoration.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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.

 Section 858 is added to the Welfare and Institutions Code, to read:

858.
 (a) It is the intent of the Legislature that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile hall shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b) (1) A county probation department shall ensure that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile hall have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. County probation departments, in coordination with county offices of education, may use juvenile court school classrooms and computers, in accordance with agreements entered into pursuant to Section 48646 of the Education Code, for the purpose of implementing this section. County probation departments are also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the juvenile hall.
(2) These programs shall be considered part of the current responsibilities of the county probation department to provide and coordinate services for juveniles that enable the juveniles to be law-abiding and productive members of their families and communities.
(c) For purposes of this section, “juvenile” means any person detained in, or committed to, a juvenile hall.
(d) This section does not preclude juvenile court school pupils who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.

SEC. 2.

 Section 889.2 is added to the Welfare and Institutions Code, to read:

889.2.
 (a) It is the intent of the Legislature that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile ranch, camp, or forestry camp shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b) (1) A county probation department shall ensure that juveniles with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a juvenile ranch, camp, or forestry camp have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. County probation departments, in coordination with county offices of education, may use juvenile court school classrooms and computers, in accordance with agreements entered into pursuant to Section 48646 of the Education Code, for the purpose of implementing this section. County probation departments are also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the juvenile ranch, camp, or forestry camp.
(2) These programs shall be considered part of the current responsibilities of the county probation department to provide and coordinate services for juveniles that enable the juveniles to be law-abiding and productive members of their families and communities.
(c) For purposes of this section, “juvenile” means any person detained in, or committed to, a juvenile ranch, camp, or forestry camp.
(d) This section does not preclude juvenile court school pupils who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.

SEC. 3.

 Section 1762 is added to the Welfare and Institutions Code, to read:

1762.
 (a) It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Facilities facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b) (1) The Division of Juvenile Facilities shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Division of Juvenile Facilities facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The division is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Division of Juvenile Facilities facility.
(2) These programs shall be considered part of the current responsibilities of the Division of Juvenile Facilities to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities.
(c) For purposes of this section, “youth” means any person detained in, or committed to, a Division of Juvenile Facilities facility.
(d) This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.
(e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

SEC. 4.

 Section 1762 is added to the Welfare and Institutions Code, to read:

1762.
 (a) It is the intent of the Legislature that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility shall have access to rigorous postsecondary academic and career technical education programs that fulfill the requirements for transfer to the University of California and the California State University and prepare them for career entry, respectively.
(b) (1) The Department of Youth and Community Restoration shall, to the extent feasible using available resources, ensure that youth with a high school diploma or California high school equivalency certificate who are detained in, or committed to, a Department of Youth and Community Restoration facility have access to, and can choose to participate in, public postsecondary academic and career technical courses and programs offered online, and for which they are eligible based on eligibility criteria and course schedules of the public postsecondary education campus providing the course or program. The department is also encouraged to develop other educational partnerships with local public postsecondary campuses, as is feasible, to provide programs on campus and onsite at the Department of Youth and Community Restoration facility.
(2) These programs shall be considered part of the current responsibilities of the Department of Youth and Community Restoration to provide and coordinate services for youth that enable the youth to be law-abiding and productive members of their families and communities.
(c) For purposes of this section, “youth” means any person detained in, or committed to, a Department of Youth and Community Restoration facility.
(d) This section does not preclude youth who have not yet completed their high school graduation requirements from concurrently participating in postsecondary academic and career technical education programs.
(e) This section shall become operative on July 1, 2020.

SEC. 5.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.