ARTICLE 2.5. Juvenile Court Schools [48645 - 48650]
( Article 2.5 added by Stats. 1977, Ch. 430. )
The purpose of this article is to provide for the administration and operation of public schools in juvenile halls, juvenile homes, day centers, juvenile ranches, juvenile camps, regional youth educational facilities, or Orange County youth correctional centers in existence and providing services prior to the effective date of the amendments to this section made by the Statutes of 1989, established pursuant to Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, or Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and Institutions Code or in any group home housing 25 or more children placed pursuant to Sections 362, 727, and 730, of the Welfare and Institutions Code or in any group home housing 25 or more children and operating one or more additional sites under a central administration for children placed pursuant to Section 362, 727, or 730 of the Welfare and Institutions Code, with acceptable school structures at one or more centrally located sites to serve the single or composite populations, and to provide the juvenile court school pupils therein detained with quality education and training.
Nothing in this section shall be construed as indicating that it is the intent of the Legislature to prevent juvenile court school pupils who are housed in group homes from enrolling in regular public schools, or that it is the intent of the Legislature to transfer the responsibility for any costs associated with the operation of group homes to the counties.
The Orange County Office of Education shall only provide educational services in youth correctional centers for individuals up to 19 years of age.
(Amended by Stats. 1989, Ch. 929, Sec. 1.)
Public schools or classes in any juvenile hall, juvenile home, day center, juvenile ranch, juvenile camp, regional youth educational facility, or Orange County youth correctional center in existence and providing services prior to the effective date of the amendments to this section made by the Statutes of 1989, established in accordance with Article 23 (commencing with Section 850), Article 24 (commencing with Section 880), and Article 24.5 (commencing with Section 894) of Chapter 2 of Division 2, or Article 9 (commencing with Section 1850) of Chapter 1 of Division 2.5, of the Welfare and Institutions Code, or in any group home housing 25 or more children and operating one or more additional sites under a central administration, with acceptable school structures at one or more centrally located sites to serve the single or composite populations of juvenile court school pupils detained therein in accordance with the provisions of Section 362, 727, or 730 of the Welfare and Institutions Code, shall be known as juvenile court schools.
(Amended by Stats. 1989, Ch. 929, Sec. 2.)
The county board of education shall provide for the administration and operation of juvenile court schools established pursuant to Section 48645.1:
(a) By the county superintendent of schools, provided that, in any county in which the board of supervisors is establishing or maintaining juvenile court schools on January 1, 1978, the county superintendent of schools may contract with the board of supervisors for the administration and operation of such schools if agreed upon between the board of education and the board of supervisors. In any event, the county superintendent of schools may contract with other educational agencies for supporting services to the same extent that school districts may contract with other such agencies.
(b) By contract with the respective governing boards of the elementary, high school, or unified school district in which the juvenile court school is located.
(Added by Stats. 1977, Ch. 430.)
(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.
(Amended by Stats. 2017, Ch. 754, Sec. 1. (AB 1124) Effective January 1, 2018.)
(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 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 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) If a pupil completes the statewide coursework requirements for graduation specified in Section 51225.3 while attending a juvenile court 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 that are in addition to the statewide coursework requirements.
(Amended by Stats. 2016, Ch. 464, Sec. 2. (AB 2306) Effective January 1, 2017.)
Plans for any juvenile court school classrooms, offices, or any other school structures in any juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp shall be approved by the county board of education. Upon approval of the board of supervisors and the county board of education, the cost of such structures shall be a required charge against the funds of the county.
The cost of constructing or otherwise providing classrooms, offices, or other onsite school structures in group homes or other agencies housing children described in Sections 362, 727, and 730 of the Welfare and Institutions Code shall be the responsibility of the private agency. This contruction shall not entitle private agencies to an increase in the foster care reimbursement rates available from the State Department of Social Services or any other state agency. It is the intent of the Legislature that nothing in this section shall be construed to preclude the county boards of education or the governing boards of school districts from entering into a contractual agreement providing compensation to group homes for the use of classrooms, offices, or other onsite school structures.
(Amended by Stats. 1982, Ch. 407, Sec. 4.)
(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.
(Added by Stats. 2017, Ch. 754, Sec. 2. (AB 1124) Effective January 1, 2018.)
(a) It is the intent of the Legislature that all pupils, including the state’s justice-involved youth, have access to their constitutional right of a free and appropriate public education, and to reduce barriers incarcerated pupils may have to academic supports, career and college preparatory pathways, and higher education.
(b) The Legislature encourages each county superintendent of schools or governing board of a school district, as determined by the county board of education pursuant to subdivision (b) of Section 48645.2, and the county chief probation officer to enter into a memorandum of understanding or equivalent mutual agreement to support a collaborative process for meeting the needs of wards of the court who are receiving their education in juvenile court
schools. The memorandum of understanding or equivalent mutual agreement may include, but is not limited to, a process for communication, decisionmaking, mutually established goals, and conflict resolution. The purpose of this memorandum of understanding or equivalent mutual agreement is to develop a collaborative model that will foster an educational and residential environment that nurtures the whole child and consistently supports services that will meet the educational needs of the pupils.
(c) A memorandum of understanding or equivalent mutual agreement on providing educational and related services for juvenile court school pupils developed in accordance with this section may include, but is not limited to, the following provisions:
(1) Mutually developed goals and objectives that are reviewed annually, including, but not limited to, the following:
(A) Building resiliency and strengthening life skills.
(B) Fostering prosocial attitudes and behaviors.
(C) Assigning pupils to appropriate classrooms based on their educational needs.
(D) Ensuring regular classroom attendance.
(E) Providing clean, safe, and appropriate educational facilities.
(F) Improving academic achievement and vocational preparation.
(2) Clear delineation of responsibilities among the educational and residential or custodial service providers.
(3) A process for communicating,
collaborating, and resolving conflicts. Whenever possible, resolution of issues shall be reached by consensus through a collaborative process that would promote decisionmaking at the site where services are delivered. A working group charged with this responsibility may be appointed by the county superintendent of schools, or the superintendent of the school district with responsibility for providing juvenile court school services, and the county chief probation officer, or their designees. The working group is responsible for establishing and maintaining open communication, collaboration, and resolution of issues that arise.
(4) A clearly identified mechanism for resolving conflicts.
(d) If a memorandum of understanding or equivalent mutual agreement is agreed to pursuant to this section, it shall include both of the following:
(1) A joint process for performing an intake evaluation for each ward to determine educational needs and ability to participate in all educational settings within two business days, or under extraordinary circumstances up to five business days, of the ward entering the local juvenile facility. The process shall recognize the limitations on academic evaluation and planning that can result from short-term placements. The evaluation team shall include staff from the responsible educational agency and the county probation department, and may include other participants as appropriate, and as mutually agreed upon by the education and probation members of the team. The evaluation process specified in the memorandum of understanding or equivalent mutual agreement may:
(A) Include a timeline for evaluation once a ward is assigned to a local facility.
(B) (i) Result in an educational plan for a ward while assigned to a local juvenile facility that is integrated with other rehabilitative and behavioral management programs, and that supports the educational needs of the pupil.
(ii) It is the intent that this shared information about each ward placed in a juvenile court school shall assist both the county superintendent of schools and the county chief probation officer in meeting the needs of wards in their care and promoting a system of comprehensive services.
(2) A transition plan for when the ward reenrolls at a local educational agency postplacement that shall be transferred to the postplacement local educational agency within two business days of the youth being enrolled in the postplacement local educational agency.
(e) A memorandum of understanding or
equivalent mutual agreement pursuant to this section shall not cede responsibility or authority prescribed by statute or regulation from one party to another party unless mutually agreed upon by both parties.
(f) A memorandum of understanding or equivalent mutual agreement pursuant to this section shall be posted on the internet webpage of the county office of education.
(Amended by Stats. 2023, Ch. 48, Sec. 51. (SB 114) Effective July 10, 2023.)
(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) 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.
(Amended by Stats. 2019, Ch. 756, Sec. 2. (AB 1354) Effective January 1, 2020.)
(a) Commencing with the 2024–25 fiscal year, the department shall annually report all of the following on its internet website:
(1) The number and percentage of pupils who leave juvenile court schools or county community schools at any point in a given academic year, who did not earn a high school diploma or a high school equivalency by the end of that academic year, and
who enroll back into a school district or charter school the following academic year.
(2) The number and percentage of pupils who leave juvenile court schools or county community
schools at any point in a given academic year, who do not earn
a high school diploma or a high school equivalency by the end of that academic year, and who do not enroll back into a school district or charter school the following academic year.
(3) Juvenile court school or county community school pupil access to A–G approved courses, high school equivalency tests, accredited
college
coursework, and the number and percentage of pupils who satisfy the A–G course requirements needed to be eligible for admission to the University of California or the California State University.
(4) A statewide summary of outcomes aligned with the California School Dashboard indicators for pupils served by county office of education alternative schools, with the ability to display information by all juvenile court schools, or by all county community schools.
(b) The information reported by the department pursuant to paragraphs (1) to (3), inclusive, of subdivision (a) shall be available at the statewide, county, and school levels.
(Amended by Stats. 2024, Ch. 998, Sec. 16. (AB 176) Effective September 30, 2024.)
(a) The department shall, within existing resources, enter into a contract for an independent evaluation of county juvenile court and county community schools. On or before November 1, 2025, the Superintendent shall, within existing resources, provide a report of the evaluation to the chairs of the relevant policy committees and budget subcommittees of the Legislature, the executive director of the state board or their designee, and the Director of Finance. The evaluation shall include all of the following:
(1) An analysis of state and federal funding available to support pupils enrolled in county juvenile court schools and county community schools.
(2) The availability and transparency of pupil- and school-level outcome data available for county juvenile court schools and county community schools.
(3) County juvenile court school and county community school pupil enrollment and demographic trends, including:
(A) Enrollment projections.
(B) The impacts of recent changes to pupil expulsion policies, including recent changes to Sections 48900, 48901.1, and 48915.
(C) The impacts of the closure of all California Division of Juvenile Justice facilities pursuant Senate Bill 92 of the 2021–22 Regular Session on county office of education programs.
(D) Recommendations for how the state may collect and utilize pupil- and school-level data related to justice-involved youth as a demographic subgroup, as these youth often make frequent moves between local educational agencies.
(4) A representative sample and summary of cost-sharing agreements between county offices of education and county probation departments or other relevant county agencies related to the operation of county juvenile court schools.
(b) The report required to be submitted pursuant to subdivision (a) shall be submitted consistent with Section 9795 of the Government Code.
(Amended by Stats. 2023, Ch. 194, Sec. 15. (SB 141) Effective September 13, 2023.)
(a) (1) The Superintendent shall convene a workgroup on meeting the needs of pupils with disabilities who enroll in juvenile court schools operated by county offices of education.
(2) The workgroup shall include, but not be limited to, representatives of county offices education, school districts, charter schools, county probation, county behavioral health, special education local plan areas, regional centers, former pupils of county juvenile court schools and county community schools, staff from the appropriate fiscal subcommittees and policy committees of the Legislature, staff from the state board, and relevant state and national juvenile court school and federal
Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) policy experts.
(3) The workgroup shall examine existing law and current practices regarding the education of pupils with disabilities enrolled in county juvenile court schools and county community schools and make recommendations on improvements regarding all the following, specific to the county juvenile court school setting:
(A) Child find procedures, as required by the federal Individuals with Disabilities Education Act.
(B) Referral for, and provision of, timely evaluation, as required by the federal Individuals with Disabilities Education Act.
(C) Timely transfer of pupil records
to and from county juvenile court schools, including individualized education programs (IEPs).
(D) Provision of education and related services, as required by pupils’ IEPs.
(E) Provision of education in the least restrictive environment, as required by the federal Individuals with Disabilities Education Act.
(F) Staffing of special education certificated and classified positions serving pupils with disabilities, including participation in state educator workforce initiatives.
(G) Implementation of Section 48645.7, transition planning required by the federal Individuals with Disabilities Education Act, and provision for alternate pathways to earn a diploma for pupils
with disabilities.
(H) Family support and dispute prevention and resolution, as required by the federal Individuals with Disabilities Education Act and state law.
(I) Transition planning for pupils with disabilities moving to educational placements after leaving county juvenile court schools and county community day schools.
(J) Compliance monitoring of special education in county juvenile court schools and county community schools.
(K) Coordination and collaboration between county offices and other agencies, including, but not limited to, county probation departments, county courts, county child welfare agencies, county behavioral health care programs, and
regional centers.
(4) To the extent practicable, the workgroup shall leverage the findings related to foster youth pursuant to Assembly Bill 2083 of the 2017–18 Regular Session.
(b) On or before February 25, 2025, the department shall submit a report with findings and recommendations regarding the topics identified in subdivision (a) to the relevant policy and budget committees of the Legislature, the state board, and the Department of Finance.
(Amended by Stats. 2023, Ch. 194, Sec. 16. (SB 141) Effective September 13, 2023.)