Bill Text: CA AB1441 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Pupils in foster care: transfers between schools: educational record: course credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB1441 Detail]

Download: California-2013-AB1441-Introduced.html

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BILL NUMBER: AB 1441	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Stone

                        JANUARY 6, 2014

   An act to amend Sections 49069.5 and 51225.2 of the Education
Code, relating to foster care pupils.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1441, as introduced, Stone. Pupils in foster care: transfers
between schools: educational record: course credit.
   Existing law establishes procedures for the transfer of pupils in
foster care between schools and, among other things, requires the
local educational agency from which the pupil is transferring to
compile the complete educational record of the pupil, including a
determination of seat time, full or partial credits earned, and
current classes and grades.
   This bill would require a local educational agency, as defined, in
determining credits earned for coursework completed in a course that
satisfies the requirements for graduation, to award credit for that
course in proportion to the period of time the pupil was enrolled in
the course and achieving a passing grade, as defined.
   Existing law requires a school district and county office of
education to which a pupil in foster care is being transferred to
accept coursework satisfactorily completed by that pupil while
attending another school, and requires credits accepted to be applied
to the same or equivalent course, if applicable. Existing law
prohibits a school district or county office of education from
requiring the pupil in foster care to retake a course if the pupil
has satisfactorily completed the entire course at another school, as
specified.
   This bill would instead require a local educational agency,
defined to also include a charter school, to accept coursework for
which a pupil in foster care received a passing grade, as defined,
while attending another school, and would prohibit a local
educational agency from requiring a pupil in foster care to retake a
course if the pupil has received a passing grade and completed the
entire course in another school. The bill would specify that
coursework completed in a course required for graduation shall be
awarded in the same or an equivalent course that satisfies the
requirements for graduation. The bill would require each local
educational agency, at a regularly scheduled public hearing, to adopt
a policy that establishes a method for awarding partial credit to
pupils in foster care transferring between schools, and would require
the Superintendent of Public Instruction to issue a letter each year
to each local educational agency of its responsibility to award all
full and partial credit for courses to pupils in foster care who
transfer between schools in accordance with specified provisions. By
imposing additional duties on local educational agencies, the bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 49069.5 of the Education Code is amended to
read:
   49069.5.  (a) 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 is a critical factor in the
swift placement of foster children in educational settings.
   (b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency and the county placing agency.
   (c) As soon as the county placing agency becomes aware of the need
to transfer a pupil in foster care out of his or her current school,
the county placing agency 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, the local educational agency 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  including a  
that includes the following: 
    (1)     A  determination of seat time,
full or partial credits earned,  and  current classes and
grades  , immunization  . 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 award credit for that course in proportion
to the period of time the pupil was enrolled in the course and
achieving a passing grade. 
    (2)     Immunization  and other
 records, and, if   records. 
    (3)     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 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 competent to handle the transfer procedure
and 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 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, 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 if the pupil in
foster care is absent from school due to a verified court appearance
or related court ordered activity, no lowering of his or her grades
will occur as a result of the absence of the pupil under these
circumstances.
   (i) For  the  purposes of this section, 
"pupil   the following definitions apply: 
    (1)     "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.  
   (3) "Local educational agency" means a school district, charter
school, or county office of education. 
  SEC. 2.  Section 51225.2 of the Education Code is amended to read:
   51225.2.  (a) For purposes of this section,  "pupil
  the following definitions apply: 
    (1)     "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.  
   (3) "Local educational agency" means a school district, charter
school, or county office of education. 
   (b) Notwithstanding any other law, a  school district and
county office of education   local educational agency
 shall accept coursework  satisfactorily completed by
  for which  a pupil in foster care  received a
passing grade  while attending another public school, a
juvenile court 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 (f)  .
   (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, 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. 
   (d) A  school district or county office of education
  local educational agency  shall not require a
pupil in foster care to retake a course if the pupil has 
satisfactorily completed   received a passing grade and
completed  the entire course in a public school, a juvenile
court school, or a nonpublic, nonsectarian school or agency. If the
pupil did not complete the entire course, the  school
district or county office of education   local
educational agency  shall not require the pupil to retake the
portion of the course the pupil completed unless the  school
district or county office of education,   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 shall be enrolled in the same or equivalent
course, if applicable, so that the pupil may continue and complete
the entire course.
   (e) A pupil in foster 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) 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 credit to pupils in foster
care who are transferring between schools.  
   (g) 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. 
  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.