Today's Law As Amended


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AB-1441 Pupils in foster care: transfers between schools: educational record: course credit.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 49069.5 of the Education Code is amended to read:

49069.5.
 (a) The Legislature finds and declares all of the following:
(1) The mobility of pupils in foster care often disrupts their educational experience.
(2) (a)  Efficient  The Legislature finds and declares that the mobility of pupils in foster care often disrupts their educational experience. The Legislature also finds that efficient  transfer procedures and transfer of pupil records are  is a  critical factors factor  in the swift placement of foster children in educational settings.
(3) Pupils who have had contact with the juvenile justice system are often denied credit or partial credit earned during enrollment in juvenile court schools. Delays in school enrollment and loss of earned credit can result in improper class or school placement, denial of special education services, and school dropout.
(b) The proper and timely transfer between schools of pupils in foster care is the responsibility of both the local educational agency, including the county office of education for pupils in foster care who are enrolled in juvenile court schools,  agency  and the county placing agency, which includes the county probation department. agency. 
(c) As soon as the county placing agency or county office of education  becomes aware of the need to transfer a pupil in foster care out of the pupil’s  his or her  current school, the county placing agency or county office of education  shall contact the appropriate person at the local educational agency of the pupil. The county placing agency shall notify the local educational agency of the date that the pupil will be leaving the school and request that the pupil be transferred out.
(d) Upon receiving a transfer request from a county placing agency or notification of enrollment from the new local educational  agency, the local educational agency receiving the transfer request or notification  shall, within two business days, transfer the pupil out of school and deliver the educational information and records of the pupil to the next educational placement.
(e) As part of the transfer process described under subdivisions (c) and (d), the local educational agency shall compile the complete educational record of the pupil that includes the following:
(1) A determination of seat time, full or partial credits earned, and current classes and grades. In determining credits earned for coursework completed in a course that satisfies the requirements for graduation pursuant to Section 51225.3, the local educational agency shall calculate and award credit for that course in proportion to the period of time the pupil attended the course and achieved a grade of D or higher pursuant to Section 51225.2.
(2) Immunization and other records.
(e) (3)  As part of the transfer process described under subdivisions (c) and (d), the local educational agency shall compile the complete educational record of the pupil, including a determination of days of enrollment or seat time, or both if applicable, an official transcript that meets the requirements of Section 51225.2, including full and partial credits earned, or any measure of full or partial coursework being satisfactorily completed, as defined in subparagraph (B) of paragraph (1) of subdivision (b) of Section 51225.2, including a determination of the days of enrollment or seat time, current classes and grades, immunization and other records, and, if applicable, a  If applicable, a  copy of the pupil’s plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794)  794 et seq.)  or individualized education program adopted pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.).
(f) The local educational agency shall assign the duties listed in this section to a person who is  competent to handle the transfer procedure and who is  aware of the specific educational recordkeeping needs of homeless, foster, and other transient children who transfer between schools.
(g) The local educational agency shall ensure that, that  if the pupil in foster care is absent from school due to a decision to change the placement of a pupil made by a court or placing agency, the grades and credits of the pupil will be calculated as of the date the pupil left school school,  and no lowering of grades will occur as a result of the absence of the pupil under these circumstances.
(h) The local educational agency shall ensure that, that  if the pupil in foster care is absent from school due to a verified court appearance or related court ordered activity, no lowering of the pupil’s  his or her  grades will occur as a result of the absence of the pupil under these circumstances.
(i) (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.
(j) (i)  For purposes of this section, the following definitions apply:
(1) “County placing agency” means a county social services department or county probation department. “Pupil in foster care” means any child who has been removed from his or her 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 his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. 
(2) “Local educational agency” means a school district, a  charter school, or  county office of education, a charter school participating as a member of a special education local plan area, or a special education local plan area. education. 
(3) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5.

SEC. 2.

 Section 51225.2 of the Education Code is amended to read:

51225.2.
 (a) For purposes of this section, the following definitions apply:
 (1) “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. “Pupil in foster care” means any child who has been removed from his or her 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 his or her home and is the subject of a petition filed under Section 300 or 602 of the Welfare and Institutions Code. 
(2) “Passing grade” means a grade D or higher.
(2) (3)  “Local educational agency” means a school district, charter school, or  county office of education, or charter school. education. 
(3) (b)  “Newcomer pupil” has the same meaning as “immigrant children and youth,” as defined in Section 7011(5) of Title 20 of the United States Code. No later than July 1, 2015, each local educational agency, at a regularly scheduled public hearing, shall adopt a policy that establishes a method for awarding partial or full credit to pupils in foster care who are transferring between schools. 
(4) (1)  “Partial coursework satisfactorily completed” includes any portion of an individual course, even if the pupil did not complete the entire course. In the development of the partial credit policy, a local educational agency is encouraged to consult or adopt the Partial Credit Model Policy and Practice Recommendations adopted by the California Child Welfare Council to determine the number of days of course attendance required for each partial credit awarded, allowing for excused absences and absences due to their status as a youth in foster care. 
(5) “Pupil in foster care” has the same meaning as “foster child,” as that term is defined in subdivision (a) of Section 48853.5.
(6) “Pupil who is a child of a military family” means a pupil who meets the definition of “children of military families” under Section 49701.
(7) (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. No later than July 1, 2015, and each year thereafter, the Superintendent shall issue a letter to each local educational agency that notifies the local educational agency of its duty to award all full and partial credit for courses to pupils in foster care who transfer between schools in accordance with this section and Section 49069.5. 
(8) “Pupil who is a migratory child” means a pupil who meets the definition of “currently migratory child” under subdivision (a) of Section 54441.
(b) (c)  (1)  Notwithstanding any other law, a local educational agency shall issue, and the new local educational agency shall accept,  accept  full or partial credit for all full or partial coursework satisfactorily completed by  credits and grades for coursework for which  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 newcomer pupil, while attending a care received a passing grade 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. or a nonpublic, nonsectarian school or agency even if the pupil did not complete the entire course and shall issue that pupil full or partial credit for the coursework completed in accordance with the local educational agency policy established pursuant to subdivision (b). 
(2) The transferring local educational agency shall issue the full and partial credits on an official transcript for the pupil and shall ensure the transcript includes all of the following:
(A) All full and partial credits and grades earned based on any measure of full or partial coursework being satisfactorily completed, including a determination of the days of enrollment or seat time, or both, if applicable, at a school of that local educational agency or a prior local educational agency, or any other public school, juvenile court school, charter school, school in a country other than the United States, or nonpublic, nonsectarian school.
(B) The credits and grades for each school and local educational agency listed separately so it is clear where they were earned.
(C) A complete record of the pupil’s seat time, including both period attendance and days of enrollment.
(3) The new local educational agency shall transfer the credits and grades onto an official transcript of the new local educational agency for the pupil in the same manner as described in subparagraph (B) of paragraph (2) and pursuant to the requirements of subdivision (c).
(4) If the new school or new local educational agency has knowledge that the transcript from the transferring local educational agency may not include certain credits or grades for the pupil, it shall contact the prior local educational agency within two business days to request that the prior local educational agency issue full or partial credits pursuant to this paragraph. The prior local educational agency shall issue appropriate credits and provide all academic and other records to the new local educational agency within two business days of the request.
(5) 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) (d)  (1)  The credits and grades  accepted pursuant to subdivision (b) (c)  shall be applied for enrollment purposes as specified in subdivision (d)  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. or nonpublic, nonsectarian school or agency. If the coursework completed is in a course required for graduation, as specified in Section 51225.3, credit shall be awarded in the same or an equivalent course that satisfies the requirements for graduation. 
(2) For purposes of the official transcript, the credits accepted pursuant to subdivision (b) shall be added to the credits earned from the same or equivalent course for purposes of calculating the total credits earned for the course but shall separately identify the school and local educational agency in which the credits were earned.
(d) (e)  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 newcomer pupil  care  to retake a course if the pupil has satisfactorily  received a passing grade and  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.  school or agency.  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 newcomer pupil  care  shall be enrolled in the same or equivalent course, if applicable, so that the pupil may continue and complete the entire course.
(e) (f)  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 newcomer pupil  care  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) (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.