Current through the 2024 Legislative Session.
Section 48645.7 - [Effective 1/1/2025] Notification of right to a diploma and option to take additional coursework(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.Amended by Stats 2024 ch 703 (AB 2181),s 2, eff. 1/1/2025.Added by Stats 2017 ch 754 (AB 1124),s 2, eff. 1/1/2018.This section is set out more than once due to postponed, multiple, or conflicting amendments.