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Applicability of Graduation Requirements for the Following Students:
Foster Youth, Homeless Youth, Former Juvenile Court School, Migratory or Students in a Newcomer Program, or Student of a Military Family(EC 51225.1, AR 6173, AR 6173.1, AR 6173.2)
When a foster youth, homeless student, former juvenile court school student or student of a military family who has completed his/her second year of high school transfers into the district from another school district or transfers between high schools within the district, he/she shall be exempted from all district-adopted coursework and other district-established graduation requirements, unless the district makes a finding that the student is reasonably able to complete the additional requirements in time to graduate from high school by the end of his/her fourth year of high school.
Within 30 calendar days of the student's transfer, the District shall notify the following of the availability of the exemption and whether the student qualifies for the exemption:
- the foster youth, the person holding the right to make educational decisions for the student and the foster youth's social worker or probation officer
- the homeless student, the person holding the right to make educational decisions for the student and the District's appointed liaison for homeless children and youth
- the former juvenile court school student, the person holding the right to make educational decisions for the student, and the student's social worker or probation officer
- the student a military family and the student's parent or guardia
If the District fails to provide this notification, the student shall be eligible for the exemption once notified, even if the notification occurs after the student no longer meets the definition of a foster youth, a homeless student, a former juvenile court school student or a student of a military family.
To determine whether a foster youth, a homeless student, a former juvenile court school student or a student of a military family is in his/her third or fourth year of high school, the district shall use either the number of credits he/she has earned as of the date of the transfer or the length of his/her school enrollment, whichever qualifies him/her for the exemption.
If granted the exemption, the District shall notify the appropriate persons identified in this section above of how any requirements that are waived will affect the student's ability to gain admission to a postsecondary educational institution and shall provide information about transfer opportunities available through the California Community Colleges. If the exempted student completes the statewide coursework requirements specified in 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 District shall not require or request that the student graduate before the end of his/her fourth year of high school. If a student is exempted from local graduation requirements, the District shall not revoke the exemption. The exemption shall continue to apply after termination of the court's jurisdiction over the foster youth or former juvenile court school student while he/she is enrolled in school; after the student is no longer homeless while he/she is enrolled in school; after the student no longer meets the definition of "children of military families" under Section 49701 while he/she is enrolled in school; or after the student transfers to another school or district.
A foster youth, a homeless student, a former juvenile court school student or a student of a military family who is eligible for the exemption from local graduation requirements and 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 he/she is otherwise eligible, including courses necessary to attend an institution of higher education, regardless of whether those courses are required for statewide graduation requirements.
If a foster youth, a homeless student, a former juvenile court school student or a student of a military family is not exempted from local graduation requirements or has previously declined the exemption, the District shall exempt the student at any time if an exemption is requested by the student and the student qualifies for the exemption.
The District shall not require or request a foster youth, a homeless student, a former juvenile court school student or a student of a military family to transfer schools in order to qualify for an exemption, and no request for a transfer solely to qualify for an exemption shall be made by the persons listed above in this section.
If the District determines that a foster youth, a homeless student, a former juvenile court school student or a student of a military family is reasonably able to complete district graduation requirements within his/her fifth year of high school, the District shall:
- Inform the student and, if under 18 years of age,the person holding the right to make educational decisions for the student, of the available option to remain in school for a fifth year to complete the District's graduation requirements and how that will affect his/her ability to gain admission to a postsecondary educational institution
- Provide information to the student about transfer opportunities available through the California Community Colleges
- Upon agreement with the studentor, if the student is under 18 years of age, with the person holding the right to make educational decisions for the student, permit the student to stay in school for a fifth year to complete the District's graduation requirements
Any complaint alleging noncompliance with the requirements of EC 51225.1 or EC 51225.2 may be filed in accordance with the District's procedures in AR 1312.3 - Uniform Complaint Procedures. A complainant who is not satisfied with the District's decision may appeal the decision to the California Department of Education (CDE) pursuant to 5 CCR 4600 and shall receive a written decision from the CDE regarding the appeal within 60 days of the Department's receipt of the appeal. If the District or the CDE finds merit in an appeal, the District shall provide a remedy to the affected student.