Bill Text: CA AB1441 | 2013-2014 | Regular Session | Amended
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-Amended.html
BILL NUMBER: AB 1441 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2014
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 amended, 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 calculate and
award credit for that course in proportion to the period of
time the pupil was enrolled in attended
the course and achieving a passing grade, as defined.
achieved a grade of D or higher.
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 full or
partial credit and grades for 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 full or 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 notifying the 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 that includes the following:
(1) A determination of seat time, full or partial credits earned,
and current classes and grades. 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 calculate and award credit for that course in
proportion to the period of time the pupil was enrolled in
attended the course and achieving a
passing grade. achieved a grade of D or higher
pursuant to Section 51225.2.
(2) Immunization and other 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 purposes of this section, 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)
(2) "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, 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) 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 or full credit to pupils in
foster care who are transferring between schools.
(1) In the development of the partial credit policy, a local
educational agency is encouraged to consult or adopt the Partial
Credit Model Policy and Practice Recommendations adopted by the
California Child Welfare Council to determine the number of days of
course attendance required for each partial credit awarded, allowing
for excused absences and absences due to their status as a youth in
foster care.
(2) 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.
(b)
(c) Notwithstanding any other law, a local educational
agency shall accept full or partial credits and grades for
coursework 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) (b) .
(c)
(d) The credits and grades accepted pursuant
to subdivision (b) (c) 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)
(e) A local educational agency shall not require a
pupil in foster care to retake a course if the pupil has 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 local
educational agency shall not require the pupil to retake the portion
of the course the pupil completed unless the 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)
(f) 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.
