BILL NUMBER: AB 1806 CHAPTERED
BILL TEXT
CHAPTER 767
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY APRIL 24, 2014
INTRODUCED BY Assembly Member Bloom
FEBRUARY 18, 2014
An act to amend Sections 48915.5, 48918.1, 51225.1, and 51225.2 of
the Education Code, relating to pupil services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1806, Bloom. Pupil services: homeless children or youth.
(1) Existing law, if an individual with exceptional needs is a
foster child, as defined, and the local educational agency has
proposed a change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the
district superintendent of schools, requires the attorney for the
individual with exceptional needs and an appropriate representative
of the county child welfare agency to be invited to participate in
the individualized education program team meeting that makes a
manifestation determination, as specified.
This bill, if an individual with exceptional needs is a homeless
child or youth, as defined, and the local educational agency has
proposed a change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the
district superintendent of schools, would require the designated
local educational agency liaison for homeless children and youth to
be invited to participate in the individualized education program
team meeting that makes a manifestation determination, as specified.
(2) Existing law, if the decision to recommend expulsion is a
discretionary act and the pupil is a foster child, as defined,
requires the governing board of the school district to provide notice
of the expulsion hearing to the pupil's attorney and an appropriate
representative of the county child welfare agency, as specified.
Existing law, if a recommendation of expulsion is required and the
pupil is a foster child, as defined, authorizes the governing board
of the school district to provide notice of the expulsion hearing to
the pupil's attorney and an appropriate representative of the county
child welfare agency, as specified.
This bill, if the decision to recommend expulsion is a
discretionary act and the pupil is a homeless child or youth, as
defined, would require the governing board of the school district to
provide notice of the expulsion hearing to the designated local
educational agency liaison for homeless children and youth, as
specified. The bill, if a recommendation of expulsion is required and
the pupil is a homeless child or youth, as defined, would authorize
the governing board of the school district to provide notice of the
expulsion hearing to the designated local educational agency liaison
for homeless children and youth, as specified.
(3) Existing law requires a school district to exempt a pupil in
foster care, as defined, who transfers between schools any time after
the completion of the pupil's 2nd year of high school from all
coursework and other requirements adopted by the governing board of
the school district that are in addition to certain statewide
coursework requirements unless the school district makes a finding
that the pupil is reasonably able to complete the school district's
graduation requirements in time to graduate from high school by the
end of the pupil's 4th year of high school. Existing law requires,
among other things, the school district to take specified actions if
it determines that the pupil in foster care is reasonably able to
complete the school district's graduation requirements within the
pupil's 5th year of high school.
This bill would extend these provisions to a pupil who is a
homeless child or youth, as defined. By requiring school districts to
perform additional duties in complying with the exemption
requirements, the bill would impose a state-mandated local program.
(4) Existing law requires a school district and county office of
education to accept coursework satisfactorily completed by a pupil in
foster care, as defined, 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 requires the
school district and county office of education to issue that pupil
full or partial credit for the coursework completed. Existing law
prohibits a school district or county office of education from, among
other things, requiring a pupil in foster care to retake a course if
the pupil has satisfactorily completed the entire course in a public
school, a juvenile court school, or a nonpublic, nonsectarian school
or agency. Existing law provides that a pupil in foster care shall
not be prohibited from retaking or taking a course to meet the
eligibility requirements for admission to the California State
University or the University of California.
This bill would extend these provisions to a pupil who is a
homeless child or youth, as defined. By requiring a school district
and county office of education to perform additional duties in
complying with the requirements to accept coursework, the bill would
impose a state-mandated local program.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 48915.5 of the Education Code is amended to
read:
48915.5. (a) An individual with exceptional needs, as defined in
Section 56026, may be suspended or expelled from school in accordance
with Section 1415(k) of Title 20 of the United States Code, the
discipline provisions contained in Sections 300.530 to 300.537,
inclusive, of Title 34 of the Code of Federal Regulations, and other
provisions of this part that do not conflict with federal law and
regulations.
(b) A free appropriate public education for individuals with
exceptional needs suspended or expelled from school shall be in
accordance with Section 1412(a)(1) of Title 20 of the United States
Code and Section 300.530(d) of Title 34 of the Code of Federal
Regulations.
(c) If an individual with exceptional needs is excluded from
schoolbus transportation, the pupil is entitled to be provided with
an alternative form of transportation at no cost to the pupil or
parent or guardian provided that transportation is specified in the
pupil's individualized education program.
(d) If the individual with exceptional needs is a foster child, as
defined in Section 48853.5, and the local educational agency has
proposed a change of placement due to an act for which a decision to
recommend expulsion is at the discretion of the principal or the
district superintendent of schools, the attorney for the individual
with exceptional needs and an appropriate representative of the
county child welfare agency shall be invited to participate in the
individualized education program team meeting that makes a
manifestation determination pursuant to Section 1415(k) of Title 20
of the United States Code. The invitation may be made using the most
cost-effective method possible, which may include, but is not limited
to, electronic mail or a telephone call.
(e) If the individual with exceptional needs is a homeless child
or youth, as defined in Section 11434a(2) of Title 42 of the United
States Code, and the local educational agency has proposed a change
of placement due to an act for which a decision to recommend
expulsion is at the discretion of the principal or the district
superintendent of schools, the local educational agency liaison for
homeless children and youth designated pursuant to Section 11432(g)
(1)(J)(ii) of Title 42 of the United States Code shall be invited to
participate in the individualized education program team meeting that
makes a manifestation determination pursuant to Section 1415(k) of
Title 20 of the United States Code. The invitation may be made using
the most cost-effective method possible, which may include, but is
not limited to, electronic mail or a telephone call.
SEC. 2. Section 48918.1 of the Education Code is amended to read:
48918.1. (a) (1) If the decision to recommend expulsion is a
discretionary act and the pupil is a foster child, as defined in
Section 48853.5, the governing board of the school district shall
provide notice of the expulsion hearing to the pupil's attorney and
an appropriate representative of the county child welfare agency at
least 10 calendar days before the date of the hearing. The notice may
be made using the most cost-effective method possible, which may
include, but is not limited to, electronic mail or a telephone call.
(2) If a recommendation of expulsion is required and the pupil is
a foster child, as defined in Section 48853.5, the governing board of
the school district may provide notice of the expulsion hearing to
the pupil's attorney and an appropriate representative of the county
child welfare agency at least 10 calendar days before the date of the
hearing. The notice may be made using the most cost-effective method
possible, which may include, but is not limited to, electronic mail
or a telephone call.
(b) (1) If the decision to recommend expulsion is a discretionary
act and the pupil is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, the governing board
of the school district shall provide notice of the expulsion hearing
to the local educational agency liaison for homeless children and
youth designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42
of the United States Code at least 10 calendar days before the date
of the hearing. The notice may be made using the most cost-effective
method possible, which may include, but is not limited to, electronic
mail or a telephone call.
(2) If a recommendation of expulsion is required and the pupil is
a homeless child or youth, as defined in Section 11434a(2) of Title
42 of the United States Code, the governing board of the school
district may provide notice of the expulsion hearing to the local
educational agency liaison for homeless children and youth designated
pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
States Code at least 10 calendar days before the date of the hearing.
The notice may be made using the most cost-effective method
possible, which may include, but is not limited to, electronic mail
or a telephone call.
SEC. 3. Section 51225.1 of the Education Code is amended to read:
51225.1. (a) Notwithstanding any other law, a school district
shall exempt a pupil in foster care, as defined in Section 51225.2,
or a pupil who is a homeless child or youth, as defined in Section
11434a(2) of Title 42 of the United States Code, who transfers
between schools any time after the completion of the pupil's second
year of high school from all coursework and other requirements
adopted by the governing board of the school district that are in
addition to the statewide coursework requirements specified in
Section 51225.3, unless the school district makes a finding that the
pupil is reasonably able to complete the school district's graduation
requirements in time to graduate from high school by the end of the
pupil's fourth year of high school.
(b) If the school district determines that the pupil in foster
care, or the pupil who is a homeless child or youth, is reasonably
able to complete the school district's graduation requirements within
the pupil's fifth year of high school, the school district shall do
all of the following:
(1) Inform the pupil of his or her option to remain in school for
a fifth year to complete the school district's graduation
requirements.
(2) Inform the pupil, and the person holding the right to make
educational decisions for the pupil, about how remaining in school
for a fifth year to complete the school district's graduation
requirements will affect the pupil's ability to gain admission to a
postsecondary educational institution.
(3) Provide information to the pupil about transfer opportunities
available through the California Community Colleges.
(4) Permit the pupil to stay in school for a fifth year to
complete the school district's 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.
(c) To determine whether a pupil in foster care, or a pupil who is
a homeless child or youth, is in the third or fourth year of high
school, either the number of credits the pupil has earned to the date
of transfer or the length of the pupil's school enrollment may be
used, whichever will qualify the pupil for the exemption.
(d) (1) Within 30 calendar days of the date that a pupil in foster
care who may qualify for the exemption from local graduation
requirements pursuant to this section transfers into a school, the
school district shall notify the pupil, the person holding the right
to make educational decisions for the pupil, and the pupil's social
worker, of the availability of the exemption and whether the pupil
qualifies for an exemption.
(2) Within 30 calendar days of the date that a pupil who is a
homeless child or youth may qualify for the exemption from local
graduation requirements pursuant to this section transfers into a
school, the school district shall notify the pupil, the person
holding the right to make educational decisions for the pupil, and
the local educational agency liaison for homeless children and youth
designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the
United States Code, of the availability of the exemption and whether
the pupil qualifies for an exemption.
(e) If a pupil in foster care, or a pupil who is a homeless child
or youth, 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 his or her fourth year
in high school and that pupil would otherwise be entitled to remain
in attendance at the school, a school or school district shall not
require or request that the pupil graduate before the end of his or
her fourth year of high school.
(f) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant to
this section, the school district shall notify the pupil and the
person holding the right to make educational decisions for the pupil
how any of the requirements that are waived will affect the pupil's
ability to gain admission to a postsecondary educational institution
and shall provide information about transfer opportunities available
through the California Community Colleges.
(g) A pupil in foster care, or a pupil who is a homeless child or
youth, who is eligible for the exemption from local graduation
requirements pursuant to this section and 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 he or she is otherwise eligible,
including courses necessary to attend an institution of higher
education, regardless of whether those courses are required for
statewide graduation requirements.
(h) If a pupil in foster care, or a pupil who is a homeless child
or youth, is not exempted from local graduation requirements or has
previously declined the exemption pursuant to this section, a school
district shall exempt the pupil at any time if an exemption is
requested by the pupil and the pupil qualifies for the exemption.
(i) If a pupil in foster care, or a pupil who is a homeless child
or youth, is exempted from local graduation requirements pursuant to
this section, a school district shall not revoke the exemption.
(j) If a pupil in foster care is exempted from local graduation
requirements pursuant to this section, the exemption shall continue
to apply after the termination of the court's jurisdiction over the
pupil while he or she is enrolled in school or if the pupil transfers
to another school or school district.
(k) A school district shall not require or request a pupil in
foster care, or a pupil who is a homeless child or youth, to transfer
schools in order to qualify the pupil for an exemption pursuant to
this section.
(l) (1) A pupil in foster care, the person holding the right to
make educational decisions for the pupil, the pupil's social worker,
or the pupil's probation officer shall not request a transfer solely
to qualify the pupil for an exemption pursuant to this section.
(2) A pupil who is a homeless child or youth, the person holding
the right to make educational decisions for the pupil, or the local
educational agency liaison for homeless children and youth designated
pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United
States Code, shall not request a transfer solely to qualify the pupil
for an exemption pursuant to this section.
SEC. 4. Section 51225.2 of the Education Code is amended to read:
51225.2. (a) (1) For purposes of this section, "pupil in foster
care" means a 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) For purposes of this section, "pupil who is a homeless child
or youth" means a pupil who meets the definition of "homeless child
or youth" in Section 11434a(2) of Title 42 of the United States Code.
(b) Notwithstanding any other law, a school district and county
office of education shall accept coursework satisfactorily completed
by a pupil in foster care or a pupil who is a homeless child 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.
(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.
(d) A school district or county office of education shall not
require a pupil in foster care or a pupil who is a homeless child or
youth to retake a course if the pupil has satisfactorily 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 shall not require the pupil to retake the portion of the
course the pupil completed unless the school district or county
office of education, 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 or the pupil who is a homeless child or youth 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 or a pupil who is a homeless child or
youth 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.
SEC. 5. 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.