AB 167: FREQUENTLY ASKED QUESTIONS

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1 AB167:FREQUENTLYASKEDQUESTIONS I. Introduction Q1:WhatisAB167? AssemblyBill167(AB167)referstoCalifornialegislationthatamendedsection oftheCaliforniaEducationCode(E.C.)toexemptpupilsinfostercarefrom schooldistrictgraduationrequirementsthatexceedstategraduationrequirements ifthepupiltransferstothedistrict,ortransfersfromonehighschooltoanother withinadistrictinthe11 th or12 th gradeifthepupilwouldnotbereasonablyableto completetheadditionaldistrictrequirements.approvedbythegovernoron October11,2009andeffectiveJanuary1,2010,AB167requiresschooldistrictsto providenoticetofosteryouthexemptedfromadditionaldistrictrequirementsif failuretosatisfysuchlocalrequirementswillaffectthepupil sabilitytogain admissiontoapostsecondaryeducationalinstitution. Q2:Whatisthedefinitionofa pupilinfostercare? AB167referstoa pupilinfostercare butdoesnotitselfdefinethisphrase. LegislativehistorysuggeststhatAB167wasmeanttocoverthesameclassof childrenasthosecoveredbyab490,whichdefinesafosterchildasonewhohas beenremovedfromhisorherhomepursuanttosection309ofthewelfareand InstitutionsCode,isthesubjectofapetitionfiledunderSection300or602ofthe WelfareandInstitutionsCode,orhasbeenremovedfromhisorherhomeandisthe subjectofapetitionfiledundersection300or602ofthewelfareandinstitutions Code.(E.C (a)). Q3:WhatproblemdoesAB167seektoaddress? California sfosterchildrenareoftenbouncedfromplacementtoplacementand fromschooltoschool.thesetransitionsoftenresultineducation relatedproblems, includingalossofschoolcredits,academicproblems,andadelayinearningahigh schooldiploma.studiesshowhighschoolpupilswhochangeschoolsevenonceare lessthan50percentaslikelytograduatefromhighschoolascomparedtohigh schoolpupilswhodonotchangeschools.

2 CaliforniaFosterYouthEducationTaskForce April13,2010 Californiasetsminimumhighschoolgraduationstandardsforthestate sschool districts.however,schooldistrictshaveflexibilitywithregardtoadditional courseworkpupilsarerequiredtocompletetograduatefromhighschool.afoster childinhighschoolforcedtorelocatetoanotherschooldistrictinhisorherjunior orsenioryearmaybefacedwithadditionalgraduationrequirementsathisorher newschoolwithlittletimetocompletethosecoursesinordertograduatewiththe restofhisorherclass. Q4:WhataretheminimumhighschoolgraduationstandardsrequiredbyCalifornia? Californiarequirespupilstocompleteallofthefollowingone yearcourses,unless otherwisespecified,whileingrades9to12,inclusive,inordertoreceiveadiploma ofgraduationfromhighschool(e.c (a)): A. ThreecoursesinEnglish. B. Twocoursesinmathematics.(IncludingoneyearofAlgebraIunless previouslycompleted,e.c ) C. Twocoursesinscience,includingbiologicalandphysicalsciences. D. Threecoursesinsocialstudies,includingUnitedStateshistoryand geography;worldhistory,culture,andgeography;aone semestercoursein Americangovernmentandcivics;andaone semestercourseineconomics. E. Onecourseinvisualorperformingartsorforeignlanguage.Forthepurposes ofsatisfyingtherequirementspecifiedinthissubparagraph,acoursein AmericanSignLanguageshallbedeemedacourseinforeignlanguage. F. Twocoursesinphysicaleducation,unlessthepupilhasbeenexempted. Studentsmaybeexemptedfromphysicaleducationforanumberofreasons. Forexample,ifastudentisillorinjuredandapropermodifiedprogram cannotbeprovidedforthemorifastudentisonamodified,halfday schedule,theycanapplyforatemporaryexemption.additionally,students maybeexemptedfromphysicaleducationfortwoyearsiftheyhavemetfive ofthesixstandardsofcalifornia sphysicalperformancetestgiveninninth grade.(e.c.51241(b)(1).)permanentexemptionsaregrantedifthestudentis 16orolderandhasbeeninthetenthgradeforatleastoneacademicyear,is apostgraduatepupil,orisenrolledinajuvenilehome,ranch,camp,or forestrycampschoolwherephysicalrecreationandexerciseisprovided pursuanttocaliforniarequirements.(e.c.51241(c)(1)(2)(3)). Inadditiontocompletingthecourseworkabove,apupilmustreceivepassingscores onbothcaliforniahighschoolexitexams EnglishandMath.(E.C.60851) FosteryouthexemptedfromlocalgraduationrequirementsbyAB167mustsatisfy theabovetoreceiveadiplomaofgraduation.(e.c (c)). 2

3 CaliforniaFosterYouthEducationTaskForce April13,2010 Additionalinformationregardingthestateminimumgraduationrequirementscanbe foundonthecaliforniadepartmentofeducationwebsiteat II. ToWhomDoesAB167Apply? Q5:DoesAB167applytoallfosteryouth? No.AB167appliesonlytopupilsinfostercarewhotransferintoadistrictor betweenhighschoolswithinthedistrictwhiletheyarein11 th or12 th grade,unless theschooldistrictmakesafindingthatthepupilisreasonablyabletocompletethe additionalrequirementsintimetograduatefromhighschoolwhileheorshe remainseligibleforfostercarebenefits.(e.c (c)). Q6:DoesAB167applyiftheschooldistricttowhichtheyouthtransferredhasthe samegraduationrequirementsastheschooldistrictfromwheretheycame?likewise, doesab167applyiftheschooltowhichtheyouthtransferredhasthesame graduationrequirementsashisorherpreviousschool? EducationCodesection makesnoreferencetotherequirementsofthe schoolorschooldistrictfromtheschoolthefosteryouthcamefrom.the requirementsofthepriorschoolorschooldistrictdonotaffectwhetherab167 appliestoapupilinfostercare.ab167appliestoeverypupilinfostercarewho transfersschoolsorschooldistrictsduringhisorher11 th or12 th gradeyear,unless theschooldistrictmakesafindingthatthepupilisreasonablyabletocompletethe additionalrequirementsintimetograduatefromhighschoolwhileheorshe remainseligibleforfostercarebenefits. Q7:DoesAB167applytofosteryouthwhotransferredpriortothepassageofAB167? LegislativelanguagemakesclearthatAB167appliestoallcurrentlyenrolledfoster youthwhotransferredinthe11 th or12 th grade,regardlessofwhenthetransfer occurred. Q8:Whodetermineswhetherafosteryouthtransferringintoanewschoolorschool districtisin11 th or12 th grade? Thereisnostate mandatedmethodfordeterminingastudent sgradelevel.this decisionisleftuptotheschooldistrictand,insomecases,individualschools. Manyschooldistrictshaveestablishedguidelinestodetermineastudent sgrade level.oftentimesastudent sgradelevelinhighschoolisdeterminedbythenumber ofcreditsheorshehasreceived.othertimes,thestudent sagedetermineshisor hergradelevel.thus,thenumberofcreditsastudentpossessesmightdetermine whetherab167appliestohimorherinthatitmightdeterminewhetherheorshe isin11 th or12 th grade. 3

4 CaliforniaFosterYouthEducationTaskForce April13,2010 Q9:DoesAB167applytoafosteryouthtransferringtoanewschooldistrictorschool duringhisorher10 th gradesummer? Astudent sgradelevelisdeterminedbyhisorherschoolorschooldistrict.many schooldistrictsbasethisdeterminationuponthenumberofcreditsthestudenthas received.thus,inmostcases,astudentisan11 th graderfromthemomenthe/she hassufficientcreditstoqualifyassuch.thismeansthatatypicalstudentwillbean 11 th grader thesummeraftertheir10 th gradeyear,unlesscreditdeficient. Q10:Ifafosteryouthisan11 th graderandmeetsalloftheminimumstate requirementscanthedistrictawardahighschooldiplomaundertheab167 exemption? Yes,aslongastheminimumstaterequirementsweremetandtheschooldistrict makesafindingthatthepupilisnotreasonablyabletocompletetheadditional requirementsintimetograduatefromhighschoolwhileheorsheremainseligible forfostercarebenefits. Itisimportant,however,toconsiderwhethergraduatinginthe11 th gradeisinthe fosteryouth sbestinterest.suchadecisionmightnegativelyimpacttheirabilityto securehousingandotherbenefits.insuchacasebestpracticeistoenrollthe studentinelectivecourses,roporvocationaltraining. Q11:Ifafosteryouthchangesschoolspriortotheendofthesemesterandhasmetthe minimumstaterequirements,dotheyneedtocompletethesemesteroristhedistrict obligatedtograntthediplomaatthattimeunderab167? AB167doesnotobligateschooldistrictstograntdiplomasmid semesteroratany othertime.diplomasareawardedattimesdeterminedbyschooldistrictpolicies andprocedures.thus,adistrictmaygrantatransferringfosteryouthadiploma priortotheendoftheschoolyearifthestudenthascompletedtheminimumstate requirementsandthedistrictmakesafindingthatthepupilisnotreasonablyable tocompletetheadditionalrequirementsintimetograduatefromhighschoolwhile heorsheremainseligibleforfostercarebenefits. III. ReasonablyAbletoCompletetheAdditionalRequirements Q12:Iseveryfosteryouthwhotransfersduring11 th or12 th gradeexemptfromthe additionalrequirementsimposedbytheirnewschooldistrict? No.AB167appliestopupilsinfostercarewhotransferduring11 th or12 th grade, but,ifaschooldistrict makesafindingthatthepupilisreasonablyabletocomplete theadditionalrequirementsintimetograduatefromhighschoolwhileheorshe remainseligibleforfostercarebenefitspursuanttostatelaw, thenthefosteryouth mustcompletetheseadditionalrequirementsinordertograduate.(e.c (c)) 4

5 CaliforniaFosterYouthEducationTaskForce April13,2010 Q13:Whenshouldaschooldistrictevaluatewhetheritisreasonableforthepupilto completeanyadditionalgraduationrequirements? Itisbestpracticeforaschooldistricttoassesswhetherapupilinfostercare transferringintothedistrictorbetweenhighschoolsinthe11 th or12 th gradeisable tomeetthedistrict sadditionalrequirementsassoonafterthetransferaspossible. TheAB490DistrictLiaisoncanassistthepupilinrequestinga graduationcheck at theschoolsite. Q14:Mayaschooldistrictreconsiderits reasonableness finding? Givenadistrict slimitedfamiliaritywitharecenttransferee,itisbestpracticeto reevaluatetheirreasonablenessfindinginlightofthestudent sperformanceposttransfer.whileadistrictmighthaveinitiallythoughtitreasonablefortheyouthto completetheiradditionalrequirements,post transferevidencemightsuggest otherwise. Note theinquiryshouldalwaysbe:couldthestudenthavereasonablycompletedthe additionalgraduationrequirementsatthetimeheorshetransferred.post transfer eventsmightshedadditionallightonthisquestion,buttheinquiryneverbecomes:can thestudentreasonablycompletetheadditionalgraduationrequirementsgivenposttransferevents. However,onceaschooldistricthasdeterminedthatapupilinfostercareisnot reasonablyabletocompletethedistrict sadditionalgraduationrequirementsand notifiesthepupilofsuchfinding,itcouldbeproblematictosubsequentlyrequire thepupiltocompletetheadditionalrequirementsifthereisnotsufficienttimetodo sopriortograduation.ifadistrictsubsequentlydeterminesthatthepupilcan reasonablycompletetheadditionalrequirementsintimetograduatewithhis/her classandsufficientnoticeisprovidedtothepupil,thenthedistrictmay reconsider/revoketheexemption. Q15:Whateffortsarereasonabletoexpectofapupilinfostercaretryingtocomplete aschooldistrict sadditionalgraduationrequirements? NeitherAB167noranyotherprovisionofCalifornia seducationcodeanswersthis questionwithanyspecificity.however,educationcodesection (c)requires thatthepupilbe reasonablyabletocompletetheadditionalrequirementsintime tograduatefromhighschoolwhileheorsheremainseligibleforfostercare benefits.thedeterminationastowhetherthepupilisreasonablyabletocomplete theadditionalrequirementsshouldbemadeonanindividualcase by casebasis. Theschooldistrictshouldconsiderthecoursescompleted/creditsearned,the additionaldistrictrequirements,andtheamountoftimeremainingbefore graduationwhilethepupilcontinuestobeeligibleforfostercarebenefits. 5

6 CaliforniaFosterYouthEducationTaskForce April13,2010 Someschooldistrictshavesuggestedthefollowing bestpractice : 1. Indeterminingwhetheranewlytransferredpupilinfostercarewillbeable toreasonablysatisfythedistrict sadditionalgraduationrequirements,the districtandthedistrict sfosteryouthliaison,shouldconsultwiththeyouth, theyouth seducationalrightsholder,childwelfareworker,andanyoneelse familiarwiththefosteryouthandhis/hereducationalhistory. 2. Astheschooldistrictlearnsmoreaboutthepupil,thedistrictshould reevaluatewhetherthestudentisreasonablyabletosatisfythedistrict s additionalgraduationrequirements. Q16:Whattimeframeshouldtheschooldistrictuseindecidingwhetherthepupilwill beabletoreasonablymeetthedistrict sadditionalrequirements? Theschooldistrictmustdeterminewhetherthepupilisreasonablyabletocomplete theadditionalrequirementsintimetograduatefromhighschoolwhileheorshe remainseligibleforfostercarebenefitspursuanttostatelaw.(e.c (c)).all fosteryouthareeligibleforfostercarebenefitsthroughtheir18 th birthday. Dependingontheircircumstance,somefosteryouthremaineligibleforfostercare benefitsthroughtheir19 th birthday.theseyouthmayopttoceasereceivingfoster carebenefitsoncetheyturn18. Ifthedistrictdeterminesthatthepupilisreasonablyabletocompleteitsadditional requirementsintimeforthepupiltograduatefromhighschoolandbeforeturning age18,itneednotexemptthepupilfromitsadditionalrequirements.ifthedistrict determinesthatthepupilisreasonablyabletomeetitsadditionalrequirements beforeturningage19,itneednotexempttheyouthiftheyouth schildwelfare workerconfirmsthattheyouthwillremaineligibleforfostercarebenefitsthrough hisorher19 th birthday. Q17:Canaschooldistrictrefusetoawardatransfereefosteryouthadiplomabecause heorshelacksthenumberofcreditsrequiredbythedistrict? No.Thestatewidegraduationrequirementsmakenomentionofcredits;credit requirementsarelocalrequirements.thus,ifafosteryouthtransfersschoolsor schooldistrictsinthe11 th or12 th gradeandcannotreasonablycompletethe additionallocalgraduationrequirements,includinganyrequirementsrelatedto credits,thentheyshouldbeawardedadiplomaaslongasthey vesatisfied California sgraduationrequirements,regardlessofthenumberofcreditspossessed bythefosteryouth. IV. SchoolandSchoolDistrictDuties Q18:Whatmustaschooldistrictdoifitdeterminesthatapupilinfostercarewillbe exemptfromitsadditionalrequirements? 6

7 CaliforniaFosterYouthEducationTaskForce April13,2010 Theschooldistrictmustnotifythepupiland,asappropriate,thepersonholdingthe righttomakeeducationaldecisionsforthepupil,ifanyoftherequirementsthatare waived willaffectthepupil sabilitytogainadmissiontoapostsecondary educationalinstitutionandshallprovideinformationabouttransferopportunities availablethroughthecaliforniacommunitycolleges. (E.C (c)). Q19:Aretheretimeswhenaschooldistrictmightexemptapupilinfostercarefromits additionalrequirementsbutnotprovidenoticetothepupil? AB167requiresthedistricttoprovidenotice ifanyoftherequirementsthatare waivedwillaffectthepupil sabilitytogainadmissiontoapostsecondary educationalinstitution. (E.C (c)).Althoughnotalloftheadditional requirementsimposedbyschooldistrictsarenecessarytogainadmissiontopostsecondaryeducationalinstitutions,allarelikelytoaffectapupil sabilitytogain admission.thus,inpractice,schooldistrictsalwaysshouldprovidenoticetothe pupil. Q20:Towhommusttheschooldistrictprovidenotice? Aschooldistrictmustprovidenoticetothepupilinfostercareand,asappropriate, thepersonholdingtherighttomakeeducationaldecisionsforthepupil.(e.c (c)).Althoughitislikelythatitwillbeappropriatetonotifytheperson holdingtherighttomakeeducationaldecisionsforthepupil,theschooldistrict shoulddetermineonanindividualcase by casebasis,ifitisappropriatetoprovide noticetothisperson.inmanycasesitmightalsobebestpracticetonotifythe youth scaregiver. Q21:Isthediplomaawardedtoapupilinfostercarewhograduateswithouthaving satisfiedtheschooldistrict sadditionalrequirementsdifferentfromthatawarded studentswhodosatisfysuchadditionalrequirements? AB167recognizesthatsomefosteryouthtransferringinthe11 th or12 th grade, throughnofaultoftheirown,arenotabletocompletetheadditionalrequirements oftheirnewschooldistrict.ab167providesanexemptionforthesestudents, allowingthosewhocannotreasonablyfulfillthedistrict sadditionalrequirements toobtainadiplomaofgraduation.whileab167saysnothingaboutadistrict s abilitytoawardspecialcertificatestostudentswhofulfilladditionalrequirements, fosteryouthfallingunderab167 sexemptionmustreceivethesamediplomaof graduationasallotherstudentsinthatdistrict. Q22:HowdoesthisimpactachildwhohasanIEP? UndertheIndividualswithDisabilitiesinEducationAct(IDEA)andCalifornialaw,a studenteligibleforspecialeducationservicesisrequiredtohaveatransitionplan uponturning16yearsoldthataddressespostsecondarygoals,includingwhether thestudentwillgraduatewitharegularhighschooldiploma.thus,whenevera 7

8 CaliforniaFosterYouthEducationTaskForce April13,2010 studentisreceivingspecialeducationservicestheapplicabilityofab167shouldbe addressedinthestudent sindividualizededucationprogram(iep)teammeeting. Q23:AretheresampleSchoolBoardpoliciesavailableregardingAB167? CaliforniaSchoolBoardsAssociation(CSBA)providesthefollowingsamplepolicies forsubscribersoftheirpolicyservices.pleasevisitcsba swebsite (http://www.csba.org)orgodirectlytotheironlinesamplepolicyservice,gamut Online(http://www.gamutonline.net).Acomplimentarycopyofthesampleboard policyandadministrativeregulations EducationforFosterYouth is availableatwww.csba.orgundertheeducationsection,underfosteryouth. AR AdministrativeRegulation,HighSchoolGraduationRequirements BP BoardPolicy,HighSchoolGraduationRequirements AR AdministrativeRegulation,ReciprocityOfAcademicCredit BP BoardPolicy,ReciprocityOfAcademicCredit AR AdministrativeRegulation,EducationforFosterYouth BP BoardPolicy,EducationforFosterYouth 8

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