Bill Text: CA AB2276 | 2013-2014 | Regular Session | Chaptered
Bill Title: Pupils: transfers from juvenile court schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 901, Statutes of 2014. [AB2276 Detail]
Download: California-2013-AB2276-Chaptered.html
BILL NUMBER: AB 2276 CHAPTERED
BILL TEXT
CHAPTER 901
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2014
APPROVED BY GOVERNOR SEPTEMBER 30, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 19, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY MAY 1, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Bocanegra
FEBRUARY 21, 2014
An act to amend Sections 48645.5 and 49069.5 of, to add Section
48647 to, and to add and repeal Section 48648 of, the Education Code,
relating to pupils.
LEGISLATIVE COUNSEL'S DIGEST
AB 2276, Bocanegra. Pupils: transfers from juvenile court schools.
Existing law affords various protections for the enrollment of
pupils in foster care, as defined, in schools, including, among
others, expedited enrollment and speedy transfer of academic records
when a pupil in foster care is transferring schools. Existing law
also provides for the administration and operation of juvenile court
schools by county offices of education, and sets forth separate
protections specifically applicable to pupils who have had contact
with the juvenile justice system, including prohibiting a pupil from
being denied enrollment or readmission to a public school because he
or she has had contact with the juvenile justice system.
This bill would require a pupil who has had contact with the
juvenile justice system to be immediately enrolled in a public
school, in accordance with specified provisions. The bill would
require a county office of education and county probation department
to have a joint transition planning policy that includes
collaboration with relevant local educational agencies relating to
pupils who are being released from juvenile court schools. By
imposing additional requirements on local governmental entities with
respect to the collaboration between a county office of education,
the county probation department, and other relevant local educational
agencies, the bill would impose a state-mandated local program. The
bill would strongly encourage local educational agencies to enter
into memoranda of understanding and create joint policies, as
specified, regarding the immediate transfer of educational records
and enrollment of pupils transferring from juvenile court schools.
The bill, subject to an appropriation in the annual Budget Act, would
require the Superintendent of Public Instruction, in consultation
with the Board of State and Community Corrections, to convene a
statewide group to develop a model and study programs and policies
relating to the transfer of educational records and enrollment of
pupils who are being transferred from juvenile court schools, and
would require the statewide group to report its findings and
recommendations to the Legislature and appropriate policy committees
on or before January 1, 2016. The bill would revise legislative
findings and declarations regarding the transfer of pupils in foster
care who have had contact with the juvenile justice system, and would
make other clarifying and conforming changes.
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 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 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
(e) of Section 48853.5, a pupil who has had contact with the juvenile
justice system shall be immediately enrolled in a public school.
SEC. 2. Section 48647 is added to the Education Code, to read:
48647. (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.
SEC. 3. Section 48648 is added to the Education Code, to read:
48648. (a) Subject to an appropriation in the annual Budget Act
for this purpose, the Superintendent, in consultation with the Board
of State and Community Corrections, shall convene a statewide group
with stakeholders from the community, advocacy organizations, and
education and probation department leaders to develop a model and
study existing successful county programs and policies for the
immediate transfer of educational records, uniform systems for
calculating and awarding credits, transition planning, and the
immediate enrollment of pupils who are being transferred from
juvenile court schools.
(b) (1) On or before January 1, 2016, the statewide group shall
report its findings and provide recommendations for state action to
the Legislature and appropriate policy committees.
(2) The report shall be submitted in compliance with Section 9795
of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January 1, 2020.
SEC. 4. Section 49069.5 of the Education Code is amended to read:
49069.5. (a) The Legislature finds and declares all of the
following:
(1) The mobility of pupils in foster care often disrupts their
educational experience.
(2) Efficient transfer procedures and transfer of pupil records is
a critical factor in the swift placement of foster children in
educational settings.
(3) Pupils who have had contact with the juvenile justice system
are often denied credit or partial credit earned during enrollment in
juvenile court schools. Delays in school enrollment and loss of
earned credit can result in improper class or school placement,
denial of special education services, and school dropout.
(b) The proper and timely transfer between schools of pupils in
foster care is the responsibility of both the local educational
agency, including the county office of education for pupils in foster
care who are enrolled in juvenile court schools, and the county
placing agency, which includes the county probation department.
(c) As soon as the county placing agency or county office of
education becomes aware of the need to transfer a pupil in foster
care out of his or her current school, the county placing agency or
county office of education 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
or notification of enrollment from the new local educational agency,
the local educational agency receiving the transfer request or
notification 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 determination of seat
time, full or partial credits earned, current classes and grades,
immunization and other records, and, 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) 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 who is 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) "County placing agency" means a county social services
department or county probation department.
(2) "Local educational agency" means a school district, a county
office of education, a charter school participating as a member of a
special education local plan area, or a special education local plan
area.
(3) "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.
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.
