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AB-150 Pupils: school transfers: coursework for high school graduation.(2019-2020)

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Date Published: 01/15/2020 09:00 PM
AB150:v96#DOCUMENT

Amended  IN  Assembly  January 15, 2020
Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  March 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 150


Introduced by Assembly Member Cooper

December 14, 2018


An act to amend Section Sections 1981, 48647, and 51225.2 of the Education Code, relating to pupils.


LEGISLATIVE COUNSEL'S DIGEST


AB 150, as amended, Cooper. Pupils: school transfers: coursework for high school graduation.
Existing law requires a school district, county office of education, or charter school to accept coursework satisfactorily completed by pupils with specified characteristics a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school outside the United States, or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course. Existing law requires a school district, county office of education, or charter school to issue that pupil full or partial credit for the coursework completed.
This bill instead would require a school district, county office of education, or charter school to combine any partial coursework that was satisfactorily completed by pupils with those characteristics while enrolled in courses within the same subject for purposes of issuing course credit. issue credit for coursework satisfactorily completed by a pupil with one of the above-described characteristics while attending that local educational agency. The bill would require a school district, county office of education, or charter school in which a pupil with one of the above-described characteristics is currently enrolled to accept partial credit issued by another local educational agency, as provided. The bill would require a school district, county office of education, or charter school to contact the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school within 2 business days to request that the pupil’s full or partial credit be delivered on a transcript to the school district, county office of education, or charter school and would require the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school to deliver that transcript to the school district, county office of education, or charter school within 2 business days of either a notification of enrollment or a specified request for records. By adding to the duties of school districts, county offices of education, and charter schools, 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 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 51225.2 of the Education Code, as amended by Section 1 of Chapter 454 of the Statutes of 2019, is amended to read:

SECTION 1.

 Section 1981 of the Education Code is amended to read:

1981.
 The county board of education may enroll pupils in a county community school who are any of the following:
(a) Expelled from a school district for any reason other than those specified in subdivision (a) or (c) of Section 48915.
(b) (1) Referred to a county community school by a school district as a result of the recommendation by a school attendance review board. A pupil shall not be referred to a county community school by a school district pursuant to this subdivision unless the school district and the county office of education determine all of the following:
(A) The county community school has space available to enroll the pupil.
(B) The county community school meets the educational needs of the pupil.
(C) (i) The parent, guardian, or responsible adult of the pupil has not expressly objected to the referral based on one or more of the following reasons:
(I) Reasonable concerns related to the pupil’s safety.
(II) Geographic accessibility.
(III) Inability to transport.
(IV) The school does not meet the pupil’s educational needs.
(ii) The school district may require the objection to be in writing if it has advised the parent, guardian, or responsible adult that they may object, in writing, for one of these reasons.
(2) If the county community school recommended pursuant to paragraph (1) is not geographically accessible to the pupil, the school attendance review board shall also include in its recommendation a school option for the pupil that is geographically accessible to the pupil and meets the criteria specified in paragraph (1).
(3) If the parent, guardian, or responsible adult of the pupil objects for any of the reasons described in subclauses (I) to (IV), inclusive, of clause (i) of subparagraph (C) of paragraph (1), the school district may either address the express objection or find an alternative placement in another comprehensive or continuation school within the school district. If the school district has offered the pupil all other options, the school district may refer the pupil to the county community school.
(4) The pupil has the right to return to his or her the pupil’s prior school or another appropriate school within his or her the pupil’s school district at the end of the semester following the semester when the acts leading to referral occurred. The right to return shall continue until the end of the pupil’s 18th year of age, except that a pupil with exceptional needs, consistent with Section 56041 of this code and Section 1412(a)(1)(A) of Title 20 of the United States Code, shall have the right to return until he or she the pupil turns 22 years of age.
(c) (1) (A) On probation, with or without the supervision of a probation officer and consistent with an order of a juvenile court, who are considered to be wards of the court under Sections 601 and 602 of the Welfare and Institutions Code and ordered placed pursuant to Sections 725, 729.2, and 791 of, and paragraph (2) of subdivision (a) of Section 727 of, the Welfare and Institutions Code.
(B) Under the supervision of a probation officer, with the consent of the minor and the minor’s parent or guardian, pursuant to Section 654 of the Welfare and Institutions Code.
(C) Under the supervision of a probation officer pursuant to Section 726 and paragraph (3) of subdivision (a) of Section 727 of the Welfare and Institutions Code with the consent of the pupil’s parent, guardian, or responsible adult appointed by the juvenile court to make educational decisions for the pupil. The enrollment of a minor covered by this paragraph in a county community school shall be consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code, which provides that all educational and school placement decisions shall seek to ensure that the youth is in the least restrictive educational program, has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils, and are based on the best interests of the child.
(D) Unless specifically ordered by a juvenile court, nothing in this subdivision shall be construed to conflict with the existing rights of a parent, guardian, or responsible adult appointed by the juvenile court pursuant to Section 726 of the Welfare and Institutions Code to make educational placement decisions for the minor.
(E) With respect to a pupil’s enrollment in a county community school pursuant to subparagraph (B) or (C), and consistent with paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651, all of the following shall apply:
(i) The attorney for, or the person holding the educational rights of, a pupil who is under the jurisdiction of the delinquency court may use the procedures set forth in California Rule of Court 5.651 to address any change of placement that results in the enrollment of the pupil in a county community school that is not his or her the pupil’s school of origin.
(ii) The attorney or the person holding the educational rights appointed by the court for a pupil who is under the jurisdiction of the delinquency court may, during a regularly scheduled hearing, raise any concerns with respect to whether the enrollment of the pupil in a county community school is meeting the educational needs of the pupil.
(iii) Nothing in this subparagraph is intended to limit in any way the rights or responsibilities of any person as set forth in paragraph (2) of subdivision (c) of Section 726 of the Welfare and Institutions Code and California Rule of Court 5.651.
(2) On probation or parole and not in attendance at any school, where enrollment is with the consent of the parent, guardian, or responsible adult, or the pupil, if he or she the pupil is 18 years of age or older. Nothing in this subdivision shall impact the provision of services or funding for youth up to 25 years of age pursuant to subdivision (b) of Section 1982, as that section read on September 25, 2013.
(3) Expelled for any of the reasons specified in subdivision (a) or (c) of Section 48915.
(4) Enrollment in a county community school pursuant to this subdivision shall be consistent with subdivision (b) of Section 48645.5.
(d) Pupils whose school districts of attendance, or, for pupils who do not have school districts of attendance, school districts of residence, have, at the request of the pupil’s parent, guardian, or responsible adult, approved the pupil’s enrollment in a county community school, subject to the following:
(1) A pupil shall not be enrolled in a county community school pursuant to this subdivision unless the school district determines that the placement will promote the educational interests of the pupil and the county community school has space available to enroll the pupil.
(2) A parent, guardian, or responsible adult of a pupil enrolled in a county community school pursuant to this subdivision may rescind the request for the placement, and the pupil shall be immediately reenrolled in the school that the pupil attended at the time of the referral, or, with the consent of the parent, guardian, or responsible adult, another appropriate school.
(e) The procedures outlined in subdivisions (b) to (e), (d), inclusive, of Section 51225.2 govern the transfer of credits, records, including special education records, and grades required pursuant to subdivision (a) of Section 48645.5 and Section 49068 when the pupil transfers to and from the county community school.
(f) For purposes of this section, “geographically accessible” means that the pupil can reasonably travel to and from the school and is able to pay for any transportation costs that are above and beyond the costs to attend his or her the pupil’s school of residence or prior school, whichever is farther away.

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) (c) 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.

 Section 51225.2 of the Education Code is amended to read:

51225.2.
 (a) For purposes of this section, the following definitions apply:
(1) “Pupil in foster care” means a child who has been removed from their home pursuant to Section 309 of the Welfare and Institutions Code, is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code, or has been removed from their home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code.
(2) “Pupil who is a homeless child or youth” means a pupil who meets the definition of “homeless children and youths” in Section 11434a(2) of Title 42 of the United States Code.
(3) “Former juvenile court school pupil” means a pupil who, upon completion of the pupil’s second year of high school, transfers to a school district or charter school, excluding a school district operated by the Division of Juvenile Justice of the Department of Corrections and Rehabilitation, from a juvenile court school.
(4) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under Section 49701.
(5) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (a) of Section 54441.
(6) “Pupil participating in a newcomer program” means a pupil who is participating in a program that is designed to meet the academic and transitional needs of newly arrived immigrant pupils and that has as a primary objective the development of English language proficiency.
(7) “Local educational agency” means a school district, county office of education, or charter school.
(b) (1) (A) Notwithstanding any other law, a local educational agency shall accept issue credit on an official transcript for coursework satisfactorily completed by a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program while attending another public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school that local educational agency’s educational placement even if the pupil did not complete the entire course.
(B) If a pupil meeting the criteria in subparagraph (A) enrolls without full or partial credit for work satisfactorily completed at a prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school, the local educational agency in which the pupil is currently enrolled shall contact the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school within two business days to request that the pupil’s full or partial credits be delivered on a transcript to the local educational agency, pursuant to the process described in subparagraph (C) of paragraph (8) of subdivision (f) of Section 48853.5. The prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school shall deliver that transcript to the local educational agency within two business days of either a notification of enrollment or a request for records pursuant to subparagraph (C) of paragraph (8) of subdivision (f) or Section 48853.5 or subdivision (c), (d), or (e) of Section 49069.5.

(C)For purposes of accepting or issuing credit pursuant to subparagraph (A), a local educational agency shall combine any partial coursework that was satisfactorily completed while enrolled in courses within the same subject, as identified in subparagraphs (A) to (F), inclusive, of paragraph (1) of subdivision (a) of Section 51225.3.

(C) Notwithstanding any other law, a local educational agency in which a pupil meeting the criteria in subparagraph (A) is currently enrolled shall accept partial credit issued by another local educational agency pursuant to subparagraph (A). The local educational agency in which the pupil is currently enrolled shall transfer the credits onto its own official transcript, denoting grades, full or partial credits awarded, and the educational placement in which they were earned. The credits shall be listed independently on the transcript by educational placement. Accepted credits shall be counted as credit in the subject in which the coursework was taken. For purposes of determining whether a pupil has met state or local graduation requirements, as described in Section 51225.3, and the admissions requirements of the University of California and the California State University, credits earned in the same subject shall be combined to ensure that a pupil receives the maximum credit for coursework satisfactorily completed.
(2) For purposes of coursework completed by a pupil who is a child of a military family, “public school” includes schools operated by the United States Department of Defense.

(c)The credits accepted pursuant to subdivision (b) shall be applied to the same or equivalent course, if applicable, as the coursework completed in the prior public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.

(d)

(c) A local educational agency shall not require a pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program to retake a course if the pupil has satisfactorily completed the entire course in a public school, a juvenile court school, a charter school, a school in a country other than the United States, or a nonpublic, nonsectarian school. If the pupil did not complete the entire course, the local educational agency shall not require the pupil to retake the portion of the course the pupil completed unless the local educational agency, in consultation with the holder of educational rights for the pupil, finds that the pupil is reasonably able to complete the requirements in time to graduate from high school. When partial credit is awarded in a particular course, the pupil in foster care, the pupil who is a homeless child or youth, the former juvenile court school pupil, the pupil who is a child of a military family, the pupil who is a migratory child, or the pupil participating in a newcomer program shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.

(e)

(d) A pupil in foster care, a pupil who is a homeless child or youth, a former juvenile court school pupil, a pupil who is a child of a military family, a pupil who is a migratory child, or a pupil participating in a newcomer program shall not be prevented from retaking or taking a course to meet the eligibility requirements for admission to the California State University or the University of California.

(f)

(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 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. 2.SEC. 4.

 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.