Bill Text: CA AB2181 | 2023-2024 | Regular Session | Chaptered
Bill Title: Juvenile court school pupils: graduation requirements and continued education options.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-27 - Chaptered by Secretary of State - Chapter 703, Statutes of 2024. [AB2181 Detail]
Download: California-2023-AB2181-Chaptered.html
Assembly Bill
No. 2181
CHAPTER 703
An act to amend Sections 48645.5 and 48645.7 of the Education Code, relating to juvenile court school pupils.
[
Approved by
Governor
September 27, 2024.
Filed with
Secretary of State
September 27, 2024.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 2181, Gipson.
Juvenile court school pupils: graduation requirements and continued education options.
Under existing law, if a pupil completes the statewide coursework requirements for graduation while attending a juvenile court school, a county office of education is required to issue to the pupil a diploma of graduation and is prohibited from requiring the pupil to complete coursework or other requirements that are in addition to the statewide coursework requirements. Existing law, notwithstanding that requirement that the county office of education issue a diploma of graduation, permits the pupil to take coursework or other requirements adopted by the county board of education, and to defer the granting of the diploma until the pupil is released from the juvenile detention facility, as provided. Upon the release from a juvenile detention facility of a pupil who is entitled to a diploma, existing law authorizes that pupil to elect to decline the issuance of the diploma for the
purpose of enrolling the pupil in a school operated by a local educational agency to take additional coursework, as specified. Existing law requires county offices of education to comply with specified notice and consultation procedures for these pupils, and to grant a diploma under specified circumstances, as provided.
This bill would revise and recast these provisions by, among other things, requiring a county office of education to exempt from all coursework or other requirements of the county office of education that are in addition to the statewide coursework requirements a pupil who (1) transfers into a juvenile court school any time after the completion of the pupil’s 2nd year of high school, (2) completes the statewide coursework requirements for graduation while attending a juvenile court school, and (3) is in their 3rd or 4th year of high school, unless the county office of education makes a finding that the pupil is reasonably able to complete these
local graduation requirements in time to graduate from high school by the end of the pupil’s 4th year of high school. The bill would require the county office of education to notify a pupil who may qualify for the exemption from local graduation requirements, 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, within 30 calendar days of the date that the pupil transfers into a juvenile court school for an enrollment period in the juvenile court school of at least 30 days, as provided. The bill would prohibit a county office of education from requiring or requesting that a pupil who is exempted from the local graduation requirements and completes the statewide coursework requirements graduate before the end of the pupil’s 4th year of high school, as provided. By imposing additional duties on local educational agencies, the bill would impose a
state-mandated local program.
This bill would also revise and recast the notice and consultation procedures for the above-described pupils by, among other things, requiring the county office of education to notify the pupil, the person holding the right to make educational decisions for the pupil, and the pupil’s social worker and probation officer about how waiving the local coursework requirements that are in addition to statewide requirements may affect the pupil’s postsecondary education or vocation plans, other options available to the pupil, including, but not limited to, staying enrolled in high school, possible credit recovery, and any transfer opportunities available through the California Community Colleges, and the option to defer or decline the exemption and take additional coursework, as provided. The bill would impose similar notice and consultation requirements on county offices of education, as applied to (1) a juvenile court school pupil who a
county office of education determines is reasonably able to complete the local graduation requirements after the pupil’s 4th year of high school, and (2) a juvenile court school pupil who a county office of education determines is not reasonably able to complete the local graduation requirements after the pupil’s 4th year of high school, but is reasonably able to complete the statewide coursework requirements after the pupil’s 4th year of high school, as provided. The bill would require specified exemptions from local graduation requirements be granted within 30 days, as provided. If a pupil is not eligible for the exemption from local graduation requirements, the bill would require a county office of education to reevaluate that pupil’s eligibility, according to specified procedures. The bill would prohibit a county office of education from requiring or requesting a juvenile court school pupil to transfer schools in order to qualify for an exemption from local graduation requirements, and would also
prohibit 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 from requesting a transfer solely to qualify for this exemption. The bill would require each county office of education to report annually to the State Department of Education the number of court school pupils who, for the prior school year, graduated with an exemption from the local graduation requirements, as provided, and would require the department to make this data publicly available on an annual basis aligned with other reporting timelines for the California School Dashboard graduation data. 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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 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 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, and the pupil is in their third or fourth year of high school, the county office of education shall exempt the pupil from all coursework or other requirements of the county office of education that are in addition to the statewide coursework 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) When a juvenile court school pupil 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 and probation officer of all of the following:(1) The availability of the exemption pursuant to subdivision (d) of Section 48645.5.
(2) How 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 an institution
of higher education.
(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.
(4) The pupil’s or the education rights holder’s, as applicable, option to allow the pupil to defer or decline the exemption and take additional coursework pursuant to paragraph (4) of subdivision (b) or subdivision (c).
(5) 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 determines that a juvenile court school pupil is reasonably able to complete the local graduation requirements after the pupil’s fourth year of high school, the county office of education shall do all of the following:
(1) 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.
(4) 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.
(c) A juvenile court school pupil who is eligible for the exemption from local graduation requirements pursuant to subdivision (d) of Section 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.
(d) (1) If a juvenile court school pupil who is eligible for an exemption from local graduation requirements pursuant to subdivision (d) of Section 48645.5 is not exempted or if the pupil or the education rights holder, as applicable, has previously deferred or declined an exemption pursuant to paragraph (4) of subdivision (b) or subdivision (c), a county office of education shall grant 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 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 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.
(g) (1) A complaint of noncompliance with the requirements of this section may be filed with the 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 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 county office of education finds merit in a
complaint, or if the Superintendent finds merit in an appeal, the 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.
