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AB-1124 Juvenile court school pupils: graduation requirements and continued education options.(2017-2018)

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Date Published: 10/13/2017 09:00 PM
AB1124:v94#DOCUMENT

Assembly Bill No. 1124
CHAPTER 754

An act to amend Section 48645.3 of, and to add Section 48645.7 to, the Education Code, relating to juvenile court school pupils.

[ Approved by Governor  October 13, 2017. Filed with Secretary of State  October 13, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1124, Cervantes. Juvenile court school pupils: graduation requirements and continued education options.
Existing law provides that if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements.
This bill would, notwithstanding the above requirement, permit the pupil, upon agreement between the county office of education and the pupil or the person holding the right to make educational decisions for the pupil, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility. The bill would, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, permit the pupil or person holding the right to make educational decisions for the pupil to elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework, as specified. The bill would require the county office of education, when a juvenile court school pupil becomes entitled to a diploma, to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of specified information, including, among other things, the pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework. The bill would authorize the filing of a complaint of noncompliance with these provisions to be filed with the local educational agency under the Uniform Complaint Procedures set forth in the California Code of Regulations. The bill would require, if a local educational agency finds merit in a complaint or if the Superintendent of Public Instruction finds merit in an appeal, the local educational agency to provide a remedy to the affected pupil. The bill would also require information regarding the requirements of these provisions to be included in a specified annual notification. To the extent the bill imposes new duties on local educational agencies, the 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 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 48645.3 of the Education Code is amended to read:

48645.3.
 (a) Juvenile court schools shall be conducted in a manner as shall be prescribed by the county board of education to best accomplish the provisions of Section 48645. The minimum schoolday shall be 240 minutes. Minimum schooldays shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The minimum schoolday for pupils in attendance in approved vocational education programs, work programs prescribed by the probation department pursuant to Section 883 of the Welfare and Institutions Code, and work experience programs shall be 180 minutes, which shall be calculated on the basis of the average number of minutes of attendance during not more than 10 consecutive days in which classes are conducted. The county board of education shall adopt and enforce a course of study and evaluate its program in accordance with Sections 51040, 51041, 51050, and 51054 and the provisions of Article 1 (commencing with Section 51200) to Article 3 (commencing with Section 51220), inclusive, of Chapter 2 of Part 28, except subdivision (c) of Section 51220.
(b) Juvenile court schools shall not be closed on any weekday of the calendar year, except those weekdays adopted by the county board of education as school holidays or set aside by the county board of education for inservice purposes. However, the county board of education may close juvenile court schools when it deems the closing is necessary to accommodate contingencies.
(c) (1) The county board of education may adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.
(2) The enhanced course of study adopted pursuant to paragraph (1) shall meet the standards adopted pursuant to Section 60605.8, as appropriate, and shall be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.
(d) It is the intent of the Legislature that pupils in juvenile court schools have a rigorous curriculum that includes a course of study preparing them for high school graduation and career entry and fulfilling the requirements for admission to the University of California and the California State University.

SEC. 2.

 Section 48645.7 is added to the Education Code, to read:

48645.7.
 (a) (1) When a juvenile court school pupil becomes entitled to a diploma pursuant to subdivision (d) of Section 48645.5, the county office of education shall notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker or probation officer of all of the following:
(A) The pupil’s right to a diploma pursuant to subdivision (d) of Section 48645.5.
(B) How taking coursework and other requirements adopted by the governing board of the county office of education or continuing education upon release from the juvenile detention facility will affect the pupil’s ability to gain admission to a postsecondary educational institution.
(C) Information about transfer opportunities available through the California Community Colleges.
(D) The pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the diploma and take additional coursework pursuant to paragraph (2) of subdivision (b) or subdivision (c).
(2) If the county office of education fails to provide timely notice pursuant to paragraph (1), the pupil described in paragraph (1) shall be eligible for the diploma pursuant to subdivision (d) of Section 48645.5 once notified, even if that notification occurs after termination of the court’s jurisdiction over the pupil.
(b) If a county office of education makes a finding that a juvenile court school pupil who is entitled to a diploma pursuant to subdivision (d) of Section 48645.5 could benefit from the coursework and other requirements adopted by the governing board of the county office of education, the county office of education shall do both of the following:
(1) Inform the pupil of his or her option to take coursework and other requirements adopted by the governing board of the county office of education.
(2) Notwithstanding subdivision (d) of Section 48645.5, permit the pupil, 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, to take coursework or other requirements adopted by the governing board of the county office of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility.
(c) Notwithstanding subdivision (d) of Section 48645.5, upon the release from a juvenile detention facility of a pupil who is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, may elect to decline the issuance of the diploma for the purpose of enrolling the pupil in a school operated by a local educational agency or charter school to take additional coursework. The county office of education shall advise the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, the person holding the right to make educational decisions for the pupil, to consider, when deciding whether to elect to decline the diploma, whether the pupil is highly likely to do all of the following:
(1) Enroll in a school operated by a local educational agency or charter school.
(2) Benefit from continued instruction.
(3) Graduate from high school.
(d) (1) If a juvenile court school pupil who is entitled to receive a diploma pursuant to subdivision (d) of Section 48645.5 is not granted a diploma or if the pupil or the education rights holder, as applicable, has previously deferred or declined a diploma pursuant to paragraph (2) of subdivision (b) or subdivision (c), a county office of education shall grant a diploma if it is requested by the pupil, if the pupil is 18 years of age or older, or, if the pupil is under 18 years of age, by the education rights holder.
(2) If a juvenile court school pupil is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, a county office of education shall not revoke that eligibility.
(3) If a former juvenile court school pupil is entitled to a diploma pursuant to subdivision (d) of Section 48645.5, that right shall continue to apply after the termination of the court’s jurisdiction over the pupil.
(e) (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 department’s 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. 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.