Today's Law As Amended


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AB-2181 Juvenile court school pupils: graduation requirements and continued education options.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 48645.5 of the Education Code is amended to read:

48645.5.
 (a) Each public school district and county office of education shall accept for credit full or partial coursework satisfactorily completed by a pupil while attending a public school, juvenile court school, or nonpublic, nonsectarian school or agency. The coursework shall be transferred by means of the standard state transcript. If a pupil completes the graduation requirements of his or her  the pupil’s  school district of residence while being detained, the school district of residence shall issue to the pupil a diploma from the school the pupil last attended before detention or, in the alternative, the county superintendent of schools may issue the diploma.
(b) A pupil shall not be denied enrollment or readmission to a public school solely on the basis that he or she  the pupil  has had contact with the juvenile justice system, including, but not limited to:
(1) Arrest.
(2) Adjudication by a juvenile court.
(3) Formal or informal supervision by a probation officer.
(4) Detention for any length of time in a juvenile facility or enrollment in a juvenile court school.
(c) Pursuant to subparagraph (B) of paragraph (8) of subdivision (f) of Section 48853.5, a pupil who has had contact with the juvenile justice system shall be immediately enrolled in a public school.
(d) (1)  If a pupil transfers into a juvenile court school any time after the completion of the pupil’s second year of high school and  completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court school, the  and the pupil is in their third or fourth year of high school, the  county office of education shall issue to the pupil a diploma of graduation and shall not require the pupil to complete coursework or other requirements  exempt the pupil from all coursework or other requirements of the county office of education  that are in addition to the statewide coursework requirements. specified in Section 51225.3, unless the county office of education makes a finding that the pupil is reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school. 
(2) To determine whether a juvenile court school pupil is in the third or fourth year of high school, the number of credits the pupil has earned to the date of transfer, the length of the pupil’s school enrollment, or, for pupils with significant gaps in school attendance, the pupil’s age as compared to the average age of pupils in the third or fourth year of high school, may be used, whichever will qualify the pupil for the exemption.
(3) Within 30 calendar days of the date that a pupil who may qualify for the exemption from local graduation requirements pursuant to this section transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, 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 and probation officer of the availability of the exemption and whether the pupil qualifies for the exemption. If the county office of education fails to provide timely notice pursuant to this section, the pupil shall be eligible for the exemption from local graduation requirements pursuant to this section once notified, even if that notification occurs after the termination of the court’s jurisdiction over the pupil, if the pupil otherwise qualifies for the exemption pursuant to this section.
(4) The county office of education shall comply with all of the requirements of Section 48645.7.
(e) If a juvenile court school pupil is exempted from local graduation requirements pursuant to this section and completes the statewide coursework requirements specified in Section 51225.3 before the end of the pupil’s fourth year of high school and that pupil would otherwise be entitled to remain in attendance at the school, the county office of education shall not require or request that the pupil graduate before the end of the pupil’s fourth year of high school.
(f) For the purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education.

SEC. 2.

 Section 48645.7 of the Education Code is amended to read:

48645.7.
 (a) (1)  When a juvenile court school pupil becomes entitled to a diploma  qualifies for an exemption from local graduation requirements  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 and  probation officer of all of the following:
(A) (1)  The pupil’s right to a diploma  availability of the exemption  pursuant to subdivision (d) of Section 48645.5.
(B) (2)  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  any of the local graduation requirements that are waived may affect the pupil’s postsecondary education or vocation plans, including the  ability to gain admission to a postsecondary educational institution. an institution of higher education. 
(C) (3)  Information about other opportunities available to the pupil, including, but not limited to, staying enrolled in high school beyond the fourth year, possible credit recovery, and any  transfer opportunities available through the California Community Colleges.
(D) (4)  The pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the diploma exemption  and take additional coursework pursuant to paragraph (2) (4)  of subdivision (b) or subdivision (c).
(2) (5)  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. The pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption from local graduation requirements. 
(b) If a county office of education makes a finding  determines  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  reasonably able to complete the local graduation requirements after the pupil’s fourth year of high school,  the county office of education, the county office of  education shall do both all  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. Consult with the pupil and the person holding the right to make educational decisions for the pupil regarding the pupil’s option to remain in school after the pupil’s fourth year to complete the local graduation requirements. 
(2) Consult with the pupil and the person holding the right to make educational decisions for the pupil, about how remaining in school after the pupil’s fourth year to complete the local graduation requirements will affect the pupil’s ability to gain admission to an institution of higher education.
(3) Consult with and provide information to the pupil about transfer opportunities available through the California Community Colleges.
(2) (4)  Notwithstanding subdivision (d) of Section 48645.5, permit the pupil,  Permit the pupil to stay in school after the pupil’s fourth year to complete the local graduation requirements  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. pupil. 
(c) Notwithstanding subdivision (d) of Section 48645.5, upon the release from a juvenile detention facility of a  A juvenile court school  pupil who is entitled to a diploma  eligible for the exemption from local graduation requirements  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: 48645.5 and who would otherwise be entitled to remain in attendance at the school shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses for which the pupil is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements. 
(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  eligible for an exemption from local graduation requirements  pursuant to subdivision (d) of Section 48645.5 is not granted a diploma  exempted  or if the pupil or the education rights holder, as applicable, has previously deferred or declined a diploma an exemption  pursuant to paragraph (2) (4)  of subdivision (b) or subdivision (c), a county office of education shall grant a diploma  an exemption within 30 days  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  eligible for an exemption from local graduation requirements  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  eligible for an exemption from local graduation requirements  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) A county office of education shall not require or request a juvenile court school pupil to transfer schools in order to qualify the pupil for an exemption pursuant to this section.
(f) A juvenile court school pupil, the person holding the right to make educational decisions for the pupil, the pupil’s social worker, and the pupil’s probation officer shall not request a transfer solely to qualify the pupil for an exemption pursuant to this section.
(e) (g)  (1) A complaint of noncompliance with the requirements of this section may be filed with the local educational agency  county office of education  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  county office of education  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  county office of education  finds merit in a complaint, or if the Superintendent finds merit in an appeal, the local educational agency  county office of education  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.
(h) If a county office of education determines that a juvenile court school pupil is not reasonably able to complete the local graduation requirements after the pupil’s fourth year of high school, but is reasonably able to complete the statewide coursework requirements specified in Section 51225.3 after the pupil’s fourth year of high school, the county office of education shall exempt the pupil from the local graduation requirements and provide the pupil the option to remain in school to complete the statewide coursework requirements. The county office of education shall consult with the pupil and the person holding the right to make educational decisions for the pupil regarding all of the following:
(1) The pupil’s option to remain in school to complete the statewide coursework requirements.
(2) How waiving the local educational requirements and remaining in school may affect the pupil’s postsecondary education or vocation plans, including the ability to gain admission to an institution of higher education.
(3) Whether any other options are available to the pupil, including, but not limited to, possible credit recovery, and any transfer opportunities available through the California Community Colleges.
(4) The pupil’s academic data and any other information relevant to making an informed decision on whether to accept the exemption and option to remain in school to complete the statewide coursework requirements.
(i) (1) If a juvenile court school pupil is not eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5 in the pupil’s third year of high school, because a county office of education makes a finding that the pupil is reasonably able to complete the local educational agency’s graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, a county office of education shall reevaluate eligibility in the pupil’s next academic year and provide written notice to the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer, if applicable, whether the pupil qualifies for an exemption within the first 30 calendar days of the pupil’s next academic year, based on the course completion status of the pupil at the time of reevaluation to determine if the pupil continues to be reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school.
(2) If it is determined within the first 30 calendar days of the pupil’s next academic year, that given their course completion status at the time of the reevaluation conducted pursuant to paragraph (1) the pupil is not reasonably able to complete the local graduation requirements in time to graduate from high school by the end of the pupil’s fourth year of high school, the county office of education shall provide the pupil with the option to receive an exemption from all local graduation requirements that are in addition to the statewide coursework requirements specified in Section 51225.3 or to stay in school after the pupil’s fourth year to complete the local graduation requirements 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 and provide notification of the availability of these options pursuant to subdivisions (a) and (b).
(3) If the pupil stays in high school after the fourth year, the county shall reevaluate eligibility at least annually within 30 calendar days of the beginning of the pupil’s subsequent academic years.
(j) If a county office of education offers to exempt a juvenile court school pupil from local graduation requirements that are in addition to the statewide coursework requirements specified in Section 51225.3, it is in the sole discretion of the person holding the right to make educational decisions for the pupil or the pupil themselves if they are 18 years of age or older whether to accept, defer, or decline the exemption, based on the pupil’s best educational interests.
(k) Each county office of education shall report to the department annually on the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements that are in addition to the statewide coursework requirements. This data shall be reported for court school pupils graduating in the fourth year cohort or in subsequent year cohorts, and shall be disaggregated by cohort, race, and disability status. The department shall make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data.
(l) For the purposes of this section, “local graduation requirements” means the coursework and other requirements for high school graduation adopted by the county board of education.
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.