Homeless/Foster Care

Annual Notification

§§ 48853, 49069.5, 51225.1, 51225.2 ■ Rights of Homeless Students and Students in Foster Care

The uniform complaint procedures cover complaints pertaining to the education of homeless students and students in foster care, including, but not limited to, a county office's failure to: 

a. Allow a foster child to remain in his/her school of origin while resolution of a school placement dispute is pending;

a. Place a foster child in the least restrictive educational programs and provide access to academic resources and services, and extracurricular and enrichment activities available to all students and make educational and school placement decisions based on the best interests of the child;

a. Provide educational services for foster children living in emergency shelters;

d)     Designate a staff person as the educational liaison for foster children.  The educational liaison must ensure and facilitate the proper educational placement, enrollment in school, and checkout from school of foster children, and assist foster children when transferring from one school or district to another by ensuring the proper transfer of credits, records and grades;

e)      Compile and transfer the complete educational record, including full or partial credits earned and the current classes and grades, of a transferring foster child to the next educational placement;

f)    Ensure the proper and timely transfer between schools of students in foster care;

g)      Within two business days of receipt of a transfer request or notification of enrollment from the new local educational agency, transfer the student and deliver the student’s complete educational information and records to the next educational placement;

h)      Ensure that no lowering of grades will occur as a result of a foster student’s absence due to a change in placement by a court or placing agency, or due to a verified court appearance or related court activity;

i)        Within 30 days of a foster and homeless student’s transfer, after the completion of the second year of high school, the student must be notified that they may be exempt from local graduation requirements and that this exemption continues after the court's jurisdiction over a foster child ends or when a homeless student is no longer homeless;

j)        Accept coursework satisfactorily completed by a homeless student or student in foster care while attending another public school, a juvenile court school, or a nonpublic, nonsectarian school or agency, even if the student did not complete the entire course; and for failing to issue full or partial credit for the coursework completed;

k)      School districts may not require that a homeless student or a student in foster care retake a course if the student has satisfactorily completed the entire course in a public school, a juvenile court school, or a nonpublic, nonsectarian school or agency.  If the student did not complete the entire course, the school district may not require that the student retake the portion already completed, unless the school district, in consultation with the holder of the student’s educational rights, finds that the student is reasonably able to complete the requirements in time to graduate from high school.  When partial credit is awarded in a particular course, the student must be enrolled in the same or equivalent course in order to continue and complete the entire course;

l)        A student in foster care or a homeless student may 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;

m)    Exempt a homeless student or student in foster care transferring between schools at any time after the completion of his/her second year of high school from all coursework and other requirements adopted by the district’s governing board that are in addition to the statewide coursework requirements for graduation found in Education Code section 51225.3, unless the district makes a finding that the student is reasonably able to complete the district’s graduation requirements in time to graduate from high school by the end of the student’s fourth year of high school;

n)      If the school district determines that a student in foster care or a homeless student is reasonably able to complete the district’s graduation requirements within the student’s fifth year of high school, the district must do all of the following:  (a) inform the student of his/her option to remain in school for a fifth year to complete the school district’s graduation requirements; (b) inform the student, and the person holding the right to make educational decisions for the student, about how remaining in school for a fifth year to complete the school district’s graduation requirements will affect the student’s ability to gain admission to a postsecondary educational institution; (c) provide information to the student about transfer opportunities available through the California Community Colleges; (d) upon agreement with an adult student or upon agreement with the person holding the right to make educational decisions for a student under 18 years of age, permit the student to stay in school for a fifth year to complete the school district’s graduation requirements; 

o)      Within 30 calendar days of the school transfer, the school district must notify a student in foster care or a homeless student who may qualify for the exemption from local graduation requirements, the person holding the right to make educational decisions for the student, the foster student’s social worker or probation officer, and, in the case of homeless students, the school district’s liaison for homeless students, of the availability of the exemption from local graduation requirements and whether the student qualifies for the exemption;

p)      If a student in foster care or a homeless student is exempted from local graduation requirements and completes the statewide graduation coursework requirements in Education Code section 51225.3 before the end of his/her fourth year of high school and that student would otherwise be entitled to remain in attendance at the school, the school district may not require or request that the student graduate before the end of his/her fourth year of high school;

q)      If a student in foster care or a homeless student is exempted from local graduation requirements, the school district must notify the student and the person holding the right to make educational decisions for the student of how any of the requirements that are waived will affect the student’s ability to gain admission to a postsecondary educational institution and must provide information about transfer opportunities available through the California Community Colleges;

r)          A student in foster care or a homeless student who is eligible for the exemption from local graduation requirements and who would otherwise be entitled to remain at the school, shall not be required to accept the exemption or be denied enrollment in, or the ability to complete, courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements;

s)          If a student in foster care or a homeless student is not exempted from local graduation requirements or has previously declined the exemption, the school district must exempt the student at any time if he/she requests and qualifies for the exemption;

t)          Once a student in foster care or a homeless student is exempted from local graduation requirements, the school district shall not revoke the exemption;

u)      If a student in foster care is exempted from local graduation requirements, the exemption must continue to apply after the termination of the court’s jurisdiction over the student while he/she is enrolled in school or if the student transfers to another school or school district;

v)      If a homeless student is exempted from local graduation requirements, the exemption must continue to apply after the student is no longer homeless while he/she is enrolled in school or if the student transfers to another school or school district; and

w)    A school district may not require or request that a student in foster care or a homeless student transfer schools in order to be exempted from local graduation requirements.

A complainant not satisfied with the applicable school district or county office decision may appeal to the CDE and receive a written decision from the CDE within 60 days.