Bill Text: CA SB1135 | 2011-2012 | Regular Session | Amended

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Bill Title: Graduation requirements: pupils in foster care.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1135 Detail]

Download: California-2011-SB1135-Amended.html

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BILL NUMBER: SB 1135	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2012
	AMENDED IN SENATE  APRIL 30, 2012

INTRODUCED BY   Senator Runner

                        FEBRUARY 21, 2012

   An act to  amend Section 51225.3 of, and to  add Section
51225.1 to  , the Education Code, relating to high school
graduation requirements, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1135, as amended, Runner. Graduation requirements: pupils in
foster care.
   Existing law requires a pupil to complete specified courses while
in grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school. Existing law authorizes the governing
board of a school district to adopt rules specifying additional
coursework requirements. Existing law requires a school district to
exempt a pupil in foster care from all coursework and other
requirements adopted by the governing board of the school district
that are in addition to the statewide coursework requirements for
graduation if the pupil, while he or she is in grade 11 or 12,
transfers into the school district from another school district or
between high schools within the school district, unless the school
district makes a finding that the pupil is reasonably able to
complete the additional requirements in time to graduate from high
school while he or she remains eligible for foster care benefits.
   This bill would  recast those provisions relating to pupils in
foster care and would  instead require a school district to
exempt a pupil from all coursework and other requirements adopted by
the governing board of the school district that are in addition to
the statewide coursework requirements unless the school district
makes a finding that the pupil is reasonably able to complete the
requirements in time to graduate from high school by the end of the
pupil's 4th year of high school. The bill would make the exemption
from local graduation requirements applicable only to a pupil who
transfers between schools during or after the pupil's 3rd year of
high school and who is currently in foster care or, at the time of
transfer, was in foster care. The bill would allow either the number
of credits the pupil has earned to the date of transfer or the length
of the pupil's school enrollment to be used to determine whether a
pupil is in the 3rd year of high school, whichever would qualify the
pupil for the exemption. The bill would, within 30 days of a pupil's
transfer, require the school district to notify the pupil who may
qualify for the exemption and the  person  
adult  holding the right to make educational decisions for the
pupil and inform them of whether or not the pupil qualifies for the
exemption. The bill would prohibit a school or school district from
requiring or requesting that a pupil graduate before the end of his
or her 4th year of high school if the pupil is exempted and completes
the statewide coursework requirements before the end of his or her
4th year in high school and the pupil is otherwise entitled to remain
in attendance at the school.
   By requiring school districts to perform additional duties in
complying with the exemption requirement, this 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 51225.1 is added to the Education Code, to
read:
   51225.1.  (a) (1) The exemption from local graduation requirements
provided by this section applies only to a pupil who meets both of
the following criteria:
   (A) The pupil transfers between schools during or after the pupil'
s third year of high school.
   (B) The pupil is currently in foster care or, at the time of
transfer, was in foster care.
   (2) To determine whether a pupil is in the third 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.
   (b) Notwithstanding any other law, a school district shall exempt
a pupil 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 requirements in time to graduate from high
school by the end of the pupil's fourth year of high school.
   (c) Within 30 days of the date that a pupil 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 and the adult holding the right to make educational decisions
for the pupil of the availability of the exemption and shall inform
the pupil and the adult holding the right to make educational
decisions for the pupil that the pupil qualifies or does not qualify
for an exemption.
   (d) (1) If a pupil is not exempted from local graduation
requirements pursuant to this section, a school district shall exempt
the pupil at any time if an exemption is requested and the pupil
qualifies for the exemption.
   (2) If a pupil has been exempted from local graduation
requirements pursuant to this section, a school district shall not
revoke the exemption.
   (e)  If a 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 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 is exempted from local graduation requirements
pursuant to this section, the school district shall notify the pupil
and the adult holding the right to make educational decisions for the
pupil  ,  whether and 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.
   SEC. 2.    Section   51225.3 of the 
 Education Code   , as amended by Section 3 of Chapter
621 of the Statutes of 2011, is amended to read: 
   51225.3.  (a) A pupil shall complete all of the following while in
grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:
   (1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:
   (A) Three courses in English.
   (B) Two courses in mathematics.
   (C) Two courses in science, including biological and physical
sciences.
   (D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.
   (E) One course in visual or performing arts, foreign language, or,
commencing with the 2012-13 school year, career technical education.

   (i) For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
   (ii) For purposes of this subparagraph, "a course in career
technical education" means a course in a district-operated career
technical education program that is aligned to the career technical
model curriculum standards and framework adopted by the state board,
including courses through a regional occupational center or program
operated by a county superintendent of schools or pursuant to a joint
powers agreement.
   (iii) This subparagraph does not require a school or school
district that currently does not offer career technical education
courses to start new career technical education programs for purposes
of this section.
   (iv) If a school district or county office of education elects to
allow a career technical education course to satisfy the requirement
imposed by this subparagraph, the governing board of the school
district or county office of education,  prior to 
 before  offering that alternative to pupils, shall notify
parents, teachers, pupils, and the public at a regularly scheduled
meeting of the governing board of all of the following:
   (I) The intent to offer career technical education courses to
fulfill the graduation requirement specified in this subparagraph.
   (II) The impact that offering career technical education courses,
pursuant to this subparagraph, will have on the availability of
courses that meet the eligibility requirements for admission to the
California State University and the University of California, and
whether the career technical education courses to be offered pursuant
to this subparagraph are approved to satisfy those eligibility
requirements. If a school district elects to allow a career technical
education course to satisfy the requirement imposed by this
subparagraph, the school district shall comply with subdivision (m)
of Section 48980.
   (III) The distinction, if any, between the high school graduation
requirements of the school district or county office of education,
and the eligibility requirements for admission to the California
State University and the University of California.
   (F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.
   (2) Other coursework requirements adopted by the governing board
of the school district.
   (b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience, career
technical education classes offered in high schools, courses offered
by regional occupational centers or programs, interdisciplinary
study, independent study, and credit earned at a postsecondary
institution. Requirements for graduation and specified alternative
modes for completing the prescribed course of study shall be made
available to pupils, parents, and the public. 
   (c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section if
the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school district or between high schools within
the district, unless the district makes a finding that the pupil is
reasonably able to complete the additional requirements in time to
graduate from high school while he or she remains eligible for foster
care benefits pursuant to state law. A school district shall notify
a pupil in foster care who is granted an exemption pursuant to this
subdivision, and, as appropriate, the person holding the right to
make educational decisions for the pupil, if 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.  
   (d) 
    (c)  On or before July 1, 2017, the department shall
submit a comprehensive report to the appropriate policy committees of
the Legislature on the addition of career technical education
courses to satisfy the requirement specified in subparagraph (E) of
paragraph (1) of subdivision (a), including, but not limited to, the
following information:
   (1) A comparison of the pupil enrollment in career technical
education courses, foreign language courses, and visual and
performing arts courses for the 2005-06 to 2011-12 school years,
inclusive, to the pupil enrollment in career technical education
courses, foreign language courses, and visual and performing arts
courses for the 2012-13 to 2016-17 school years, inclusive.
   (2) The reasons, reported by school districts, that pupils give
for choosing to enroll in a career technical education course to
satisfy the requirement specified in subparagraph (E) of paragraph
(1) of subdivision (a).
   (3) The type and number of career technical education courses that
were conducted for the 2005-06 to 2011-12 school years, inclusive,
compared to the type and number of career technical education courses
that were conducted for the 2012-13 to 2016-17 school years,
inclusive.
   (4) The number of career technical education courses that
satisfied the subject matter requirements for admission to the
University of California or the California State University.
   (5) The extent to which the career technical education courses
chosen by pupils are aligned with the California Career Technical
Education Standards, and prepare pupils for employment, advanced
training, and postsecondary education.
   (6) The number of career technical education courses that also
satisfy the visual and performing arts requirement, and the number of
career technical education courses that also satisfy the foreign
language requirement.
   (7) Annual pupil dropout and graduation rates for the 2011-12 to
2014-15 school years, inclusive. 
   (e) 
    (d)  For purposes of completing the report described in
subdivision  (d)   (c)  , the
Superintendent may use existing state resources and federal funds. If
state or federal funds are not available or sufficient, the
Superintendent may apply for and accept grants, and receive donations
and other financial support from public or private sources for
purposes of this section. 
   (f) 
    (e)  For purposes of completing the report described in
subdivision  (d)   (c)  , the
Superintendent may accept support, including, but not limited to,
financial and technical support, from high school reform advocates,
teachers, chamber organizations, industry representatives, research
centers, parents, and pupils. 
   (g) 
    (f)  This section shall become inoperative on the
earlier of the following two dates:
   (1) On July 1, immediately following the first fiscal year after
the enactment of the act that adds this paragraph in which the number
of career technical education courses that, as determined by the
department, satisfy the foreign language requirement for admission to
the California State University and the University of California is
at least twice the number of career technical education courses that
meet these admission requirements as of January 1, 2012. This section
shall be repealed on the following January 1, unless a later enacted
statute, that becomes operative on or before that date, deletes or
extends the dates on which it becomes inoperative and is repealed. It
is the intent of the Legislature that new career technical education
courses that satisfy the foreign language requirement for admission
to the California State University and the University of California
focus on world languages aligned with career preparation, emphasizing
real-world application and technical content in related career and
technical education courses.
   (2) On July 1, 2017, and, as of January 1, 2018, is repealed,
unless a later enacted statute, that becomes operative on or before
January 1, 2018, deletes or extends the dates on which it becomes
inoperative and is repealed.
   SEC. 3.    Section   51225.3 of the 
 Education Code   , as added by Section 4 of Chapter 621
of the Statutes of 2011, is amended to read: 
   51225.3.  (a) A pupil shall complete all of the following while in
grades 9 to 12, inclusive, in order to receive a diploma of
graduation from high school:
   (1) At least the following numbers of courses in the subjects
specified, each course having a duration of one year, unless
otherwise specified:
   (A) Three courses in English.
   (B) Two courses in mathematics.
   (C) Two courses in science, including biological and physical
sciences.
   (D) Three courses in social studies, including United States
history and geography; world history, culture, and geography; a
one-semester course in American government and civics; and a
one-semester course in economics.
   (E) One course in visual or performing arts or foreign language.
For purposes of satisfying the requirement specified in this
subparagraph, a course in American Sign Language shall be deemed a
course in foreign language.
   (F) Two courses in physical education, unless the pupil has been
exempted pursuant to the provisions of this code.
   (2) Other coursework requirements adopted by the governing board
of the school district.
   (b) The governing board, with the active involvement of parents,
administrators, teachers, and pupils, shall adopt alternative means
for pupils to complete the prescribed course of study that may
include practical demonstration of skills and competencies,
supervised work experience or other outside school experience, career
technical education classes offered in high schools, courses offered
by regional occupational centers or programs, interdisciplinary
study, independent study, and credit earned at a postsecondary
institution. Requirements for graduation and specified alternative
modes for completing the prescribed course of study shall be made
available to pupils, parents, and the public. 
   (c) Notwithstanding any other law, a school district shall exempt
a pupil in foster care from all coursework and other requirements
adopted by the governing board of the district that are in addition
to the statewide coursework requirements specified in this section if
the pupil, while he or she is in grade 11 or 12, transfers into the
district from another school district or between high schools within
the district, unless the district makes a finding that the pupil is
reasonably able to complete the additional requirements in time to
graduate from high school while he or she remains eligible for foster
care benefits pursuant to state law. A school district shall notify
a pupil in foster care who is granted an exemption pursuant to this
subdivision, and, as appropriate, the person holding the right to
make educational decisions for the pupil, if 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.  
   (d) 
    (c)  If a pupil completed a career technical education
course that met the requirements of subparagraph (E) of paragraph (1)
of subdivision (a) of Section 51225.3, as amended by the act adding
this section,  prior to   before the
inoperative date of that section, that course shall be deemed to
fulfill the requirements of subparagraph (E) of paragraph (1) of
subdivision (a) of this section. 
   (e) 
    (d)  This section shall become operative upon the date
that Section 51225.3, as amended by the act adding this section,
becomes inoperative.
   SEC. 2.   SEC. 4.   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.
   SEC. 3.   SEC. 5.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to ensure that pupils in foster care who are eligible for
foster care benefits are eligible to graduate from high school in
the 2011-12 academic year, it is necessary for this act to take
effect immediately.